In the media
Expedia and Priceline pricing practices under ACCC
scrutiny
The competition regulator will consult with Australian
hotel operators to help determine if "price parity"
clauses imposed by online travel agents Expedia, Wotif and
Booking.com are unfair (09 October 2015).
More...
Expedia defends hotel contracts being scrutinised by
ACCC
The Expedia chief financial officer has claimed the online
travel agent's requirement for "price parity" in
contracts with hotels, which do not allow accommodation providers
to offer a lower price on their own website, helps boost overall
room sales (07 October 2015).
More...
China demands more disclosure on spare parts, repairs
from automakers
China will require automakers to publish technical
information on vehicle repair and spare parts from next year, a
government statement said on Thursday, a move aimed at curbing
anti-trust behaviour by car dealers in the world's largest auto
market (08 October 2015).
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New Zealand Roofer Warned over Cartel Behaviour
The Commerce Commission has formally warned Consolidated
Alloys NZ for cartel-like behaviour after the Australian-owned
manufacturer used a settlement over a patent dispute to try and
restrict roofing products available in New Zealand (08 October
2015).
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Feedback Sought On Free Range Eggs
Commissioner for Fair Trading Rod Stowe today encouraged
consumers and businesses to have their say on the labelling of free
range eggs. Mr Stowe welcomed the Regulation Impact Statement (RIS)
on free range egg labelling published by the Federal Government on
behalf of consumer affairs agencies across Australia (05 October
2015). More...
Vertical integration 'the main issue' in
Brookfield bid for Asciano, says ACCC chair
The ACCC says it is on track to reveal whether it has any
issues with Brookfield Infrastructure's proposed $8.9 billion
takeover of Asciano. The Competition watchdog has received
"quite a lot of submissions" by users who have expressed
issues with vertical integration and Brookfield abusing its market
power (06 October 2015).
More... More...
Historic Asia-Pacific Trade Agreement opens new era of
opportunities
The TPP writes regional trade rules which will drive
Australia's integration in the region and underpin our
prosperity. As a regional trade agreement, the TPP creates
benefits for consumers and businesses beyond those that can be
achieved under bilateral FTAs (06 October 2015).
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In practice and courts, published reports
Law Council of Australia: Federal Court Case
Management Handbook
The Federal Court Case Management Handbook
now includes a competition law chapter (06 October 2015).
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ACCC Free range guide 2015
The guide explains the ACCC's approach to enforcing
misleading conduct provisions of the ACL, in the context of free
range egg claims, while the Commonwealth Treasury is consulting on
whether Australia should adopt a national standard on free range
egg labelling. The ACCC notes the
law reform consultation process underway in relation to free
range eggs and encourages consumers and business to contribute to
this process (05 October 2015).
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Regulation Impact Statement (RIS) on free range egg
labelling
After four weeks of national consultation, a further RIS
will outline final options and a cost-benefit analysis, which
ministers will consider at the next Consumer Affairs Forum in
Canberra in February. Feedback closes 2 November (05 October 2015).
More... More...
Franchisor's duty of exclusivity? 25 September
2015
Exclusivity is a key issue in franchise agreements. But
how far is the franchisor required to go to protect the exclusivity
which it promises to the franchisee? The question has now been
considered by the Federal Court in Marmax Investments Pty
Ltd v RPR Maintenance Pty Ltd [2015] FCAFC 127.
More...
Asia-Pacific Trade Agreement
(TTP)
TPP will not require any changes to Australia's
intellectual property laws or policies, whether in copyright,
pharmaceutical patents or enforcement. The TPP will not increase
the price of medicines in Australia. The TPP countries are:
Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia,
Mexico, Peru, New Zealand, Singapore, the United States and
Vietnam. More...
ACCC: comment on Coles' proposed acquisition of nine
Supabarn supermarkets
The ACCC n has released a Statement of Issues outlining
its preliminary views on Coles' proposed acquisition of nine
Supabarn supermarkets in NSW and the ACT. The ACCC is concerned
that Supabarn's removal may lead to significant competitive
harm and loss of choice for consumers." The ACCC invites
further submissions from interested parties in response to the
Statement of Issues by 1 October 2015. The ACCC
expects to make a final decision on the proposed acquisition by
26 November 2015.
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Cases
Casenote: Judicial Enforcement of Arbitration Clauses in
a Consumer Law Context
Author(s): Alex Baykitch (2015) 2(4) ADRB 80. This is an article
which examines the emerging trend in the Federal Court of Australia
of a pro-arbitration approach to disputes that can be classified as
consumer claims.
Casenote: Unconscionable Conduct in the Context of
Providing Medical Treatment - Case Note: Australian
Competition and Consumer Commission v ACN 117 372 915
Pty
Ryan Tozer and Deborah Templeman (2015) 23(8) HLB 156.
Consumer protection - Misleading and deceptive conduct - Medical
institute's conduct - Unproven pharmaceutical treatments
- The FCA has found a medical institute engaged in unconscionable
conduct, in locking men seeking treatment for sexual dysfunction
into long-term contracts for unproven pharmaceutical treatments.
Injunctive relief was granted and the doctors involved were
referred to the relevant medical disciplinary bodies.
Casenote: Court restrains alleged misleading statements
that certain companies were insolvent
In GG Australia Pty Ltd v Sever [2015] FCA 1043, the applicants were alleging
before a Federal Court duty judge, late on a Friday, prior to
starting any proceeding, that the first respondent had made claims
that the applicants were insolvent and unable to pay their
employees and contractors. The basis for the application was the
contention that the respondents had engaged in misleading or
deceptive conduct, contrary to the relevant provisions of the
Australian Consumer Law, and had also engaged in conduct which
amounted to injurious falsehoods, tortious interference in
contractual relations and defamation.
Scandinavian Tobacco Group Eersel BV v Trojan
Trading Company Pty Ltd [2015] FCA 1086
INTELLECTUAL PROPERTY – trade marks – whether
infringement of trade mark – where parallel importation of
cigars – where importer repackaged cigars to comply with
Australian Plain Packaging laws – whether act of unpacking
cigars and repackaging in unofficial packaging bearing the trade
mark constituted infringement pursuant to s 120 Trade Marks Act
1995 (Cth) – s 123 engaged – no infringement.
INTELLECTUAL PROPERTY – trade marks – standing –
whether standing under s 26 Trade Marks Act 1995 (Cth).
CONSUMER LAW – misleading or deceptive conduct –
whether repackaging of cigars likely to mislead consumers –
whether public would assume that cigars repackaged on authority of
original manufacturer. TORTS – passing off – whether
repackaging of cigars constituted misrepresentation to public.
Competition and Consumer Act 2010 (Cth), Sch 2, ss 18 and
29. More...
Toll Global Forwarding Pty Ltd –v- Thiess Pty
Ltd [2015] WASC 364
Contract -
Freight - Sea carriage of goods from Thailand - Claim for
additional freight remuneration - Fixed price contract - Schedule
of rates for carried cargo - Quantum meruit - Contractual variation
- Promissory estoppel - Misleading or deceptive
conduct - Precontractual representations -
Postcontractual representations - Unconscionable conduct
- Trade
Practices Act 1974 (Cth). More...
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