In the media
Ian Macfarlane confirms Federal Government will act on
food labelling
A new country-of-origin food labelling system would contain a logo
informing consumers the percentage of Australian grown food in the
product, with the Prime Minister announcing he had tasked cabinet
members to come up with a stronger, clearer system within the next
month (26 February 2015).
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Tougher code of conduct for grocery retailers and
wholesalers announced
After extensive consultation, the Federal Government has announced
a tougher code of conduct for grocery retailers and wholesalers.
The Government is pushing for all supermarket chains to sign up
quickly to ensure greater protections for suppliers. Mr Billson
said the code would shape a better environment for good faith, fair
commercial dealings between suppliers and supermarkets (25 February
2015).
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Equity Trustees Limited and Como Financial Services each
pay $20,400 penalty for misleading website
As a direct result of ASIC scrutiny Equity Trustees Limited and
Como Financial Services Pty Ltd, both Australian financial services
licensees, have each paid $20,400 in penalties. This followed
ASIC's issuing of infringement notices for potentially
misleading conduct (25 February 2015).
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Federal Court dismisses anti-competitive conduct case
against Pfizer Australia
The Federal Court has handed down judgment in the matter of ACCC v
Pfizer Australia Pty Ltd (Pfizer). Justice Flick also found that
the ACCC had failed to establish that Pfizer had pursued its
conduct for the proscribed purpose of deterring or preventing
competitors from engaging in competitive conduct or for the purpose
of substantially lessening competition (25 February 2015).
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Court puts supplier bullying on notice
Following the Coles case, other major companies should realise
that no matter how much market power they hold, they must still
deal with their suppliers fairly (24 February 2015).
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Kia promises refunds to customers over-charged for
'capped price' servicing
South Korean car maker Kia has been forced to offer customer
refunds after an investigation into its capped price service
charges. The probe by the ACCC was launched in response to concerns
about the claimed fixed service pricing offered by Kia since 2012
(24 February 2015).
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Bad financial advice costs NAB millions in compensation
to customers
The National Australia Bank has confirmed it has paid millions of
dollars in compensation to more than 700 customers who received bad
financial advice. Brett Le Mesurier, a banking analyst at BBY said
it was always disappointing for banks to learn about potential
misconduct (21 February 2015).
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ACCC announces priorities and strives for tougher
penalties
Cartel conduct in government procurement, truth in advertising,
competition and consumer issues in the health sector and industry
codes are some of the Australian Competition and Consumer
Commission's new compliance and enforcement priorities for 2015
(19 February 2015).
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ACCC priorities outlined by ACCC Chairman
ACCC Chairman, Rod Sims, has outlined the ACCC's priorities in
his first speech of the year. Launching the 2015 edition of the
ACCC Compliance and Enforcement Policy at CEDA today, Sims
announced 'cartel conduct in government procurement, truth in
advertising, competition and consumer issues in the health sector
and industry codes as new priorities'. Sims' speech also
sets out the ACCC's activities in relation to a number of areas
of competition law (cartels, anti-competitive agreements and
practices (19 February 2015). More...
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Beer investigation now ACCC priority
The ACCC's investigation into beer tap arrangements by
Lionand Carlton & United has been elevated to
a 'priority matter'. Mr Sims has previously said misuse of
market power, including the lessening of competition, "strikes
at the heart of companies and business systems '
Beer battle 'priority' as ACCC puts heat on Lion, Carlton
& United over beer tap deals' (16 February 2015).
In practice and courts, published reports
ACCC Compliance & enforcement policy
2015
This policy sets out the principles adopted by the Australian
Competition and Consumer Commission to achieve compliance with the
law, and outlines the ACCC's enforcement powers, functions,
priorities, strategies and regime. Released on 19 February 2015.
More...
Federal Court dismisses Pfizer case:
comment
The Federal Court today handed down its judgment in ACCC v
Pfizer Australia. The ACCC had alleged misuse of market power
and exclusive dealing in relation to Pfizer's supply of
atorvastatin to pharmacies. Justice Flick dismissed the ACCC's
application and awarded costs to the Pfizer. The misuse of market
power case failed on the basis that the requisite proscribed
purpose was not established and that (post-2012) Pfizer's
market power was not 'substantial' (the controversial
'take advantage' element was established).
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Pfizer judgment now available
The reasons for judgment in ACCC v Pfizer Australia Pty
Ltd [2015] FCA 113 have now been published on the
Federal Court website and on AustLII.
Cases
Australian Competition and Consumer Commission v
Reebok Australia Pty Ltd [2015] FCA 83
CONSUMER LAW – penalty hearing – misleading or
deceptive conduct – consumer protection provisions –
representations concerning nature, characteristics and suitability
of purpose of product – false or misleading representation
that goods or services have performance characteristics, benefits
or uses – admitted contraventions – whether orders
sought by consent appropriate in the circumstance – whether
pecuniary penalty within appropriate range. Competition and
Consumer Act 2010 (Cth) ss 4, 76, 131, 138. Competition
and Consumer Act 2010 (Cth) Sch 2, ss 18, 29(1)(g), 33, 224,
232, 239(1), 246. More...
Australian Competition and Consumer Commission v
Pfizer Australia Pty Ltd [2015] FCA 113
TRADE PRACTICES – abuse of market power – definition
of market – substantial degree of power – taking
advantage of power – purpose. TRADE PRACTICES –
exclusive dealing – on condition – purpose. PATENTS
– exclusive rights of patentee - right to exploit –
right to exclude others - an implied licence to sell –
whether a condition falling within trade practices exception to s
47. EVIDENCE – the rule in Browne v Dunn – a rule of
procedural fairness – privilege against self-incrimination.
Competition and Consumer Act 2010 (Cth) ss 4E, 4F, 4G, 46,
47, 51, 76. Copyright Act 1968 (Cth). Evidence Act
1995 (Cth) s 128. National Health Act 1953 (Cth) Pt
VII. Patents Act 1990 (Cth) ss 13, 117, Sch 1. Trade
Practices Act 1974 (Cth) ss 45, 45D, 46, 47, 51, 51AC.
Trade Practices Amendment Act 1977 (Cth). Trade
Practices (Misuse of Trans-Tasman Market Power) Act 1990
(Cth). More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.