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Insolvency reforms to support small business
Insight 24 Sep 2020

The Commonwealth government announced a package of reforms directed at streamlining insolvency processes for small business. Our analysis on the issue from our insolvency and restructuring experts. ...

In Touch: COVID-19 cooperation to continue; international regulators team up on investigations; charity claims under the lens; and other developments
Insight 23 Sep 2020

Continued coordination in response to the COVID-19 pandemic; int'l agreement for regulators to cooperate on cross-border investigations; Oscar Wylee penalised $3.5m; Pfizer's Upjohn merger cleared with Mylan; ACCC examines competition in mobile apps market; and new Energy Tech Consumer Code ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

Nucleus – corporate law developments: FIRB introduces temporary streamlined exemption certificates; ASIC issues guidance on product intervention power; ACCC raises concerns about two digital mergers; and other corporate law developments
Insight 15 Jul 2020

Nucleus – corporate law developments: FIRB introduces temporary streamlined exemption certificates; ASIC issues guidance on product intervention power; ACCC raises concerns about two digital mergers; and other corporate law developments ...

The ACCC's new case on Google's collection and use of consumer personal information
Insight 02 Aug 2020

In a landmark case, the ACCC alleges that Google failed to obtain explicit and informed consent from its consumers about the use of their data and acted contrary to representations made in its privacy policy. ...

In Touch: ACCC to monitor domestic airlines; Qantas refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; and other developments
Insight 07 Jul 2020

ACCC to monitor domestic airlines; Qantas offers refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; wine grape contract terms under scrutiny; new research on consumer understanding of electricity offers; and ACCC authorises coal producers to negotiate collectively ...

In Touch: ACCC seeks clarity on unconscionable conduct; Medibank receives $5 million penalty for misrepresentations to members; continued cooperation in the era of COVID-19; and other developments
Insight 21 Jul 2020

ACCC seeks clarity on unconscionable conduct; ACCC clears Elanco's acquisition of Bayer's animal health business; ACCC chimes in on transparency in music licensing; Medibank receives $5 million penalty for misrepresentations to members; Kogan misled consumers with EOFY promotion; and continued cooperation in the era of COVID-19 ...

Consultation begins on the CDR energy rules framework
Insight 11 Aug 2020

An overview of the ACCC's approach to the CDR Rules and CDR data sets for the energy sector, and matters which may require energy-specific rules. This article provides and highlights the key issues which have been left open for further consideration. ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

ACCC 2020 Enforcement Priorities
Insight 25 Feb 2020

A number of industries and issues are in the spotlight following release of the ACCC's 2020 Enforcement and Compliance Priorities by Chairman Rod Sims on 25 February. ...

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