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In Touch: COVID-19 and competition and consumer law issues; news media bargaining code; Holden compensation; CDR accreditation platform now live; and EB Games to refund customers after not playing fair
Insight 09 Jun 2020

COVID-19 and competition and consumer law issues; ACCC fines Queensland Yoghurt Company; news media bargaining code; Holden agrees to reduce speed of engagement with dealers over compensation; ACCC CDR accreditation platform now live; Voltaren gel decision in Federal Court; and EB Games to refund customers after not playing fair. ...

Nucleus – corporate law developments: Regulators assess priorities and continue to respond in the wake of COVID-19; changes to Australia's continuous disclosure laws, FIRB regime and Fair Work Act; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed
Insight 09 Jun 2020

Regulators assess priorities and continue to respond in the wake of COVID-19; the Treasurer temporarily modifies the operation of Australia's continuous disclosure laws; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; comprehensive reform and further guidance on the temporary changes to the FIRB regime; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed; and more temporary amendments to Fair Work Act. ...

Competition law and climate change
Insight 25 May 2020

In the light of the mounting pressure on businesses to address climate change risks, there is growing impetus to collaborate on effective ways to approach climate change management. ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

What courts and regulators expect from corporate compliance
Insight 22 May 2020

The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...

Consumer laws - 'green' marketing
Insight 25 May 2020

Consumers and investors are increasingly conscious of climate change risks, and more demanding of businesses to adopt sustainable business practices. This has led to an increase in 'green marketing', which includes statements about environmental sustainability, carbon neutrality, recycling or impact ...

Carrots and sticks: enforcement of the Consumer Data Right
Insight 15 May 2020

The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...

Full Federal Court dismisses ACCC appeal against Pacific National rail merger ruling
Insight 12 May 2020

The Full Federal Court has dismissed the ACCC's appeal against Aurizon's proposed sale of the Acacia Ridge rail terminal to Pacific National. The ACCC is using this outcome to advocate for merger law reforms. ...

No relief from pain for Maxigesic claims
Insight 30 Apr 2020

AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...

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