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ASIC steps up its attack on the use of stub equity in control transactions
Insight 06 Jun 2019

ASIC has issued its promised consultation paper on the use of stub equity in control transactions, which will, if adopted, have the potential to make the use of stub equity as an alternative form of consideration in schemes and takeovers more difficult. ...

Jump Swim in deep water over alleged misleading conduct; new guidelines offer tips for avoiding gun jumping; and ACCC bleats at goat cheese RPM notification.
Insight 27 Jun 2019

The ACCC alleges that Jump Swim's promotional material contained false or misleading representations that prospective Jump Swim School franchisees would have an operational swim school within 12 months of signing a franchise agreement ...

Would parmesan by any other name smell as sweet?
Insight 23 Sep 2019

The deadline is approaching to lodge an objection to the proposed geographical indications in the Australia-EU Free Trade Agreement. ...

Cartel Confessions: the latest Cartel Immunity Policy commences
Insight 09 Oct 2019

ACCC's new Cartel Immunity and Corporation Policy which came into effect on 1 October 2019, now excludes concerted practices and requires a higher level of cooperation from parties seeking to obtain cartel immunity. ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Take care with agency arrangements - Flight Centre decision
Insight 14 Dec 2016

The High Court has handed down its decsion in the high profile ACCC proceedings against Flight Centre where the organisation competed with airlines in the sale of international airline tickets and attempted to induce three major airlines to enter price-fixing arrangements. ...

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