In the media
Flight Centre and ACCC battle goes to High Court
The High Court of Australia has granted the ACCC special
leave to appeal the decision handed down by the Full Court of the
Federal Court last year. Flight Centre's 'Price Beat
Guarantee' allegedly breached the Competition and Consumer Act
2010, with consumers not receiving the benefit of competing lower
ticket prices offered by the airlines (11 March 2016).
More...
ACCC will not oppose Coles' proposed acquisition of
five Supabarn supermarkets
The ACCC will not oppose Coles' proposed acquisition
of five Supabarn supermarkets. The original proposal was for Coles
to acquire nine Supabarn supermarkets, but Coles restructured their
transaction following concerns raised by the ACCC, removing the
'most problematic stores' (10 March 2016). More...
Chairman says difficult times for the changing gas
market
The east coast gas market has experienced a triple-whammy
of local and international events and changes, according to the
ACCC Chairman. Likely ineffective regulation of gas transmission
pipelines is of particular concern because monopoly pricing can
lead to inefficient downstream investment decisions and can limit
investment in upstream exploration (09 March 2016).
More...
Hangover looms for wine industry as axe hangs over tax
rebate
Wine producers say one of the Federal Government's
top priorities should be removing access to the rebate for New
Zealand producers, feeling that it is a rort that should be cut out
because we are wanting to have an equal playing field in all the
global markets (09 March 2016).
More...
Vaya responds to ACCC investigation
Telecommunications company Vaya has taken measures to
address concerns raised by the ACCC following a spike in consumer
complaints. The ACCC formed the view that Vaya's Plan Freeze
Fee email was likely to be misleading because it represented that
consumers were required to pay extra fees, when in fact, under
their contracts rates were fixed (08 March 216).
More...
ASIC commences civil penalty proceedings against ANZ for
BBSW conduct
ASIC has today commenced legal proceedings in the Federal
Court in Melbourne against the Australia and New Zealand Banking
Group Limited (ANZ) for unconscionable conduct and market
manipulation in relation to the ANZ's involvement in setting
the bank bill swap reference rate (BBSW) (03 March 2016).
More...
More...
Chrisco ordered to pay $200,000 penalty for making a
false or misleading lay-by representation
The Federal Court has ordered Chrisco Hampers Australia
Ltd (Chrisco) to pay a pecuniary penalty of $200,000 for making a
false or misleading representation that customers could not cancel
a lay-by agreement after making their final payment. The ACL
provides that consumers have a right to cancel a lay-by agreement
at any time prior to delivery of the goods, including after paying
their final lay-by instalment (03 March 2016).
More...
ACCC Egg appeal
The ACCC today filed a Notice of Appeal from the Federal Court's decision dismissing the
ACCC's proceedings against the Australian Egg
Corporation Ltd and others, which commenced in May 2014 (02 March
2016).
More...
ACCC's new Agriculture Unit to focus on supply
chains
Investigations into supply chains, regional workshops and
advocacy will be key parts of the ACCC's increased focus on
agriculture, with new Agriculture Commissioner working closely with
a dedicated Agriculture Enforcement and Engagement Unit. The ACCC
intends to focus enforcement activities on agricultural supply
chains to address anti-competitive conduct or unfair trading
practices taking place that breach the Act (02 March 2016).
More...
ASIC Acts on Misleading Advertising by ACE Insurance,
Tigerair and Priceline
As reported in a recent ASIC Media Release and following
concerns raised by the Australian Securities and Investments
Commission (ASIC), ACE Insurance Limited (ACE Insurance); and Tiger
Airways Australia Pty Limited (Tigerair) have removed misleading
promotional statements on their websites (ASIC) (29 March 2016).
More...
In practice and courts, published reports
ACCC: Water charge rules review - draft advice
The ACCC has released its draft advice with proposed
amendments to the Commonwealth water charge rules. The ACCC has
also released an overview of the draft advice The ACCC has now
extended its deadline for stakeholder submissions until Friday, 4
March 2016.
More...
The Harper Review - Proposed Changes to the ACCC's
Power Under s 155
Author(s): Thyme Burdon and Carmen Romeo; (2015) 19(10)
IHC 171
A key tool used by the ACCC to investigate suspected
contraventions of the Competition and Consumer Act 2010 (Cth) is
its power to compel individuals and companies to produce
information and provide oral evidence.
Cases
ACCC v Chrisco Hampers Australia Ltd
[2016] FCA 144: Chrisco Fined for Making False or
Misleading Representations
In a recent judgment handed down by the Federal
Court, Chrisco Hampers Australia Ltd (Chrisco) has been ordered to
pay a pecuniary penalty of $200,000 for making a false or
misleading representation that customers could not cancel a lay-by
agreement after making their final payment, in proceedings brought
by the Australian Competition and Consumer Commission (ACCC) (04
March 2016). More...
Crescent Capital Partners Management Pty Limited v
Crescent Funds Management (Aust) Limited
[2016] FCA 229
TRADE PRACTICES – misleading and deceptive conduct
claims brought under Australian Consumer Law and
Australian Securities and Investments Commission Act 2001
(Cth) – companies engaged in financial services industry
– whether contravening conduct established – whether
business names, domain names and business activities sufficiently
similar to be confusing and causative of contravening conduct
– whether financial services market susceptible to division
on basis of asset classes – whether financial services market
susceptible to division on basis of investor characteristics
– whether distinction between sophisticated investors and
other investors relevant – whether distinction between retail
and wholesale investors relevant. TRADE PRACTICES –
claims of accessorial liability for misleading and deceptive
conduct of others – whether respondents could be said to have
participated with requisite knowledge in contravening
conduct. Australian Securities and Investments Commission
Act 2001 (Cth) ss 5(2)(b), 12DA, 12DB, 12GD,
12GF;Competition and Consumer Act 2010 (Cth), Sch 2 ss 2,
18, 29. More...
Australian Competition and Consumer Commission v
Chrisco Hampers Australia Limited (No 2)
[2016] FCA 144
CONSUMER LAW – remedies for contraventions of
Australian Consumer Law – declarations of contravention to
conform to findings – whether injunction should be awarded
– appropriate pecuniary penalty – number of
contraventions – extent of cooperation – profit from
contraventions. Australian Consumer Law (Schedule 2 of the
Competition and Consumer Act 2010 (Cth)) ss 23(1), 24,
24(1), 27, 29(1)(m), 97(1), 224, 224(2), 232, 232(4)(a), 232(4)(c),
250. Trade Practices Act 1974 (Cth) s 80. More...
Australian Competition and Consumer Commission v
Australian Egg Corporation Limited [2016] FCA
69
Competition – allegation of attempt to induce
cartel conduct in contravention of the Competition and Consumer
Act 2010 (Cth) – whether respondents intended to bring
about arrangement or understanding to limit the production or
supply of eggs for sale – whether crown immunity applies in
the case of the Australian Egg Corporation Ltd – conduct
engaged in on behalf of body corporate – whether directors of
corporate respondents acting within scope of actual or apparent
authority – circumstantial case – attempt to induce
cartel conduct not proved. Competition and Consumer Act
2010 (Cth) ss 2A, 2AP, 4, 44ZZRJ, 44ZZRD, 76, 80, 84.
More...
Pioneer Mortgage Services Pty Ltd v Columbus Capital
Pty Ltd [2016] FCA 215
DAMAGES – breach of contract, fraudulent
misrepresentation, misleading and deceptive
conduct – general principles – assessment of
"loss" or "damage" actually suffered.
Australian Consumer Law (Schedule 2 to the Australian
Competition and Consumer Act 2010) (Cth) ss 18, s 236;
Trade Practices Act 1974 (Cth) ss 52, 82. More...
Legislation
Commonwealth
Wine Equalisation Tax New Zealand Producer Rebate Claim
Lodgment Determination (No. 34) 2016
This instrument sets out the time when a claim for the
wine equalisation tax (WET) producer rebate may be made by eligible
New Zealand wine producers (Tabled HR 02 March 2016; Tabled Senate
03 March 2016). More...
Wine Equalisation Tax New Zealand Producer Rebate
Foreign Exchange Conversion Determination (No. 35) 2016
This determination sets out the manner in which a
component of the approved selling price of wine expressed in a
currency other than Australian currency may be converted to
Australian currency for the purposes of calculating the wine
equalisation tax (WET) producer rebate by eligible New Zealand wine
producers (Tabled HR 01 March 2016; Tabled Senate 01 Mar 2016
). More...
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