In the media
ACCC releases findings of beer tap
investigation
The ACCC has released its findings into an investigation of the
contracts of CUB and Lion, following allegations from some craft
brewers that they were being locked out of beer taps in certain
venues as a result of exclusivity provisions and volume
requirements. The ACCC concluded that the contracts were unlikely
to result in a substantial lessening of competition in the markets
investigated. However, it notes that it will continue to monitor
developments in the market (13 July 2017).
More...
Australia's small cinemas want cartel exemption to
negotiate better film deals
Australia's smallest cinemas want to toughen their bargaining
power when negotiating the right to screen films from Hollywood and
arthouse distributors. An application with the competition watchdog
reveals the industry peak body wants an exemption from cartel laws
for its 82 members to collectively and transparently negotiate the
conditions and price of screening a film (12 July 2017).
More...
ACCC appeals Tribunal's Tabcorp
ruling
An appeal on the merits is not available for Tribunal merger
authorisation decisions, but the ACCC is seeking judicial review,
alleging three reviewable errors, including that the Tribunal erred
in its reasoning that 'it could only conclude that the proposed
acquisition was likely to result in a detriment if the Tribunal
concluded that there would be a substantial lessening of
competition'.
More...
Cartel pushes gas prices up, leaving businesses broke
and Aussies jobless
After gaining control of Australia's gas, a cartel is now
pushing prices up. Businesses are getting broke, and it is killing
the economy, an expert warned. According to an energy analyst, a
gas cartel on the east coast of Australia makes the situation
worse. Institute for Energy Economics and Financial Analysis'
Bruce Robertson said the Aussie gas cartel is restricting supply to
the domestic market, forcing the prices to go up (07 July 2017).
More...
Superior Realty Pty Ltd (t/as Barry Plant Glenroy), Fadi
Khoder and Evangelos Nestor - Enforceable
undertaking
A Glenroy estate agency will contribute $45,000 to the Victorian
Consumer Law Fund after acknowledging contraventions of Victorian
consumer and property laws relating to property sales. Iits
director, Fadi Khoder, and its managing director Evangelos Nestor,
who acknowledge making false and misleading representations about
the sale price of a further six properties in Broadmeadows, Dallas,
Glenroy and Meadow Heights (11 July 2017).
More...
ACCC urges small business to review payment
surcharges
The ACCC has urged small business owners to prepare for the ban on
excessive payment surcharges that will come into operation on 1
September 2017. The new laws were introduced through the Competition
and Consumer Amendment (Payment Surcharges) Act 2016,
which inserted a new Part IVC of the CCA, including s55B which
provides that a 'corporation must not, in trade or commerce,
charge a payment surcharge that is excessive'.
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Court finds Unique was misleading and
unconscionable
The Federal Court has today found that Unique International College
Pty Ltd (Unique) made false or misleading
representations and engaged in a pattern of behaviour that amounted
to unconscionable conduct in breach of the Australian Consumer Law.
The Court found that Unique's marketing deliberately targeted
people from disadvantaged and vulnerable groups, including regional
Aboriginal communities (30 June 2017).
More...
Sydney college found guilty of scamming students into
accepting costly loans
A private college in Sydney breached consumer law when it signed up
thousands of students to loans without them knowing, the Federal
Court has ruled. Unique misled people by stating that the course
was free, when in fact they would incur a debt of up to $25,000 per
course under the VET FEE-HELP scheme (30 June 2017).
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In practice and courts, published reports
Ban on excessive payment surcharging
The ACCC has published guidance material for consumers and
businesses about the new ban on excessive surcharging and what it
means (July 2017).
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Electricity supply and prices inquiry public
forums
The ACCC is inviting electricity customers to participate in a
series of public forums as part of the Electricity supply and
prices inquiry. Attendees will have the opportunity to raise
competition and pricing issues in the retail electricity sector
with ACCC Commissioners. Following the forums, a summary of issues
discussed at the forums will be published on the ACCC website.
Consultation closes 14 August 2017.
More...
Competition in the Australian financial system:
consultation paper
Productivity Commission: 06 July 2017
The Australian Government has asked the Productivity Commission to
undertake an inquiry into competition in Australia's financial
system. As stated in the terms of reference, this inquiry
complements other work by the Commission, which will affect the
financial system.
More...
Cases
Australian Competition and Consumer Commission v Unique
International College [2017] FCA 727 CONSUMER LAW
– alleged contraventions of s 21 of Australian Consumer Law
– unconscionable conduct in trade or commerce –
unconscionable conduct in connection with goods or services –
where Respondent provided vocational educational services in form
of online courses in management, salon management and marketing
– allegation that Respondent targeted particular locations,
including rural and remote towns and indigenous communities and
areas with significant populations of low socio-economic status for
marketing and enrolling consumers in courses – whether system
of conduct or pattern of behaviour established – whether
unconscionable conduct in relation to six nominated consumers -
whether unconscionable conduct in all the circumstances.
CONSUMER LAW – alleged contraventions of ss 18 and 29 of
Australian Consumer Law – misleading or deceptive conduct in
trade or commerce – false or misleading representations about
goods or services – whether conduct of Respondent misleading
or deceptive in relation to representations made to consumers
– whether silence in relation to particulars of VET FEE-HELP
scheme misleading or deceptive.
CONSUMER LAW – alleged contraventions of ss 74, 76, 78 and 79
of Australian Consumer Law – unsolicited consumer agreement
provisions – whether unsolicited consumer agreements within
meaning of Division 2 – whether statute requires dealer to
initiate negotiations which led to entering into of agreement
– disclosing purpose and identity – informing person of
termination period – requirement to give document to customer
– requirements for all unsolicited consumer agreements
– whether 'party plan event' exception applies.
Competition and Consumer Act 2010 (Cth) sch 2,
Australian Consumer Law, ss 21, 21(4), 21(4)(b), 22,
22(1), 22(1)(a), 22(1)(c), 22(1)(d), 22(1)(e), 22(1)(i), 69,
69(1)(b), 69(1)(c), 69(4), 70, 71, 71(a), 71(b), 72, 73, 74, 75,
75(1), 75(1)(a), 76, 76(1), 77, 78, 78(1), 79, 79(b)(i), 79(c)(i),
80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95.
Digital Central (Assets) Pty Ltd v Stefanovski [2017] FCA
738
CONTRACT – interpretation – construction of term
– intention to restrain competition. TRADE PRACTICES –
misleading or deceptive conduct – unconscionable conduct
– breach of statutory duty of good faith in franchise
agreement – concealment of intention before and after
termination and sale of franchise to cause company to engage in
competition with franchise business – whether statements made
and omissions were misleading or deceptive – injunction
– damages.
CONTRACT – intellectual property – confidential
information – restraint of trade – obligations of
franchisee as to confidential information after termination of
contract – whether subject to implied term in contract
– whether dependent on equitable rules concerning
confidentiality – categories of confidential information
– trade secrets – general know-how of employees –
effect of explicit contractual restraint. Competition and Consumer
Act 2010 (Cth) ss 51ACB, 80, 82, 87.
Dunn v Hanson Australasia Pty Ltd [2017] ACTSC
169
CONTRACTS – BUILDING CONTRACTS – Breach – breach
of statutory warranties – breach of express written terms
– breach of contractual warranty – failure to rectify
defects – quantum of damages.
TRADE PRACTICES – MISLEADING AND DECEPTIVE CONDUCT –
Representations – quantum of damages – ancillary
liability for damages – proportionate liability. DAMAGES
– CONTRIBUTION AND APPORTIONMENT – Proportionate
liability – "building action" –
"apportionable claim" – "concurrent
wrongdoer". Building Act 2004 (ACT), ss 88, 140, 141,
Part 9. Civil Law (Wrongs) Act 2003 (ACT), ss 107A,
107F(3)(b). Civil Liability Act 2002 (NSW).
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