Welcome to the final edition of the Deacons Competition &
Consumer Law Update. On 1 January 2010, the Norton Rose group and
Deacons Australia are joining forces. We look forward to presenting
our next update as the first edition of the Norton Rose Australia
Competition & Consumer Law Update.
In this edition, we:
consider the very real implications that cross-directorships
across companies might have, and the possibility of coordinated
effects muting competitive rivalry between firms, when seeking
merger clearance approval from the ACCC
provide an update of the Commonwealth Consumers Affairs
Council's review into the adequacy of existing laws imposing
statutory terms and conditions into consumer contracts; and
review the ACCC's litigation against Cabcharge alleging
misuse of market power.
By Nick McHugh and Belinda
Is your company contemplating a merger or increasing its
shareholding in a competitor? Is it embarking on a joint venture
with a competitor? Is there talk of acquiring an interest in an
entity that operates upstream or downstream to your business
operations? If a member of your board also sits on the board of a
competitor, or a substitute or complementary company, an assessment
of the implications of cross directorships and the resulting
coordinated effects are integral in the initial stages of any
By Claire Forster
A number of concerns have been expressed with the existing
statutory implied terms regime in Australia. As a result, the
Commonwealth Consumer Affairs Advisory Council is currently
undertaking a review of the existing laws on implied terms.
By Marianne Saba
The Australian Competition and Consumer Commission (ACCC) has
started legal proceedings in the Federal Court against Cabcharge
over claims it has abused its market power. In its Statement of
Claim filed with the Federal Court, the ACCC alleges Cabcharge has
breached section 45 and 46 of the Trade Practices Act 1974 (Cth).
These sections prohibit corporations from using their substantial
degree of market power to engage in conduct for certain
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Sportscraft refunds and returns policy limitations went beyond consumer's rights under the Australian Consumer Law.
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