In the media
Woolworths under fire from suppliers as ACCC court
action proceeds
Getting a product onto the shelves of Woolworths and
Coles is not a simple transaction where there is a wholesale price,
a margin added, and then a retail price. The new Food and Grocery
Code of Conduct gives big clues as to the types of behaviours
manufacturers have been subjected to (12 February 2016).
More...
Win for Australian tomato growers and producers
In a major win for local producers, the Australian
Government will impose duties on certain prepared or preserved
Italian tomatoes. Minister for Industry, Innovation and Science
said this ruling will ensure that Australia's only canned
tomato producer, SPC Ardmona, can now compete equally in Australian
stores and supermarkets (11 February 2016).
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Federal Court Finds Australian Egg Corporation and egg
producers did not attempt to induce a cartel arrangement
The Federal Court of Australia has found that Australian
Egg Corporation Limited (AECL), Farm Pride Foods Ltd and Ironside
Management Services Pty Ltd did not attempt to induce a cartel
arrangement. The Court also found that the managing director of
AECL, and director of AECL and Twelve Oaks Poultry, did not attempt
to induce egg producers to engage in cartel conduct (10 February
2016).
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Chief of Australian online firm Uglii resigns amid
allegations of corporate misconduct
The chief executive of Australian Internet firm Uglii has
resigned as the corporate watchdog ramps up its investigation into
allegations the firm engaged in serious corporate
misconduct. HSBC sent Mr Knorr a formal legal
letter warning him that his claims of striking a partnership with
HSBC were false and misleading (09 February 2016).
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Contract law change leaves franchisees vulnerable
Recent amendments to laws extending individual
protections against unfair contracts to cover small business
activity may miss the mark in protecting potentially vulnerable
franchisees. The initial purpose of the consumer-only protections
was to ensure that those in an inferior bargaining position did not
sign standard form contracts full of unfair terms (07 February
2016).
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Woolworths misled consumers over product safety
hazards
The Federal Court has today ordered Woolworths Limited
(Woolworths) to pay total penalties of $3.057 million for breaches
of the Australian Consumer Law relating to safety issues with house
brand products sold in Woolworths supermarkets, Big W and Masters
stores ( 05 February 2016).
More...
Woolworths threatens Mitre 10 with ACCC action
Woolworths has written to Mitre 10 reminding it of its
competition law obligations after Mitre 10 invited several Home
Timber & Hardware franchisees to its annual summit (05 February
2016).
More...
Froothie Australia: ACCC Acts Over Misleading
Conduct
Athena Solutions Pty Ltd trading as Froothie
Australia (Froothie), the supplier of Optimum branded kitchen
appliances, has paid a penalty of $10,800 following the issue of an
infringement notice by the ACCC (05 February 2016). More...
Woolworth unconscionable conduct case under way
The ACCC's case against Woolworths' alleging
unconscionable conduct is now underway in the Federal Court in
Sydney (31 January 2016).
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In practice and courts, published reports
Draft ministerial rules
The Australian Small Business and Family Enterprise
Ombudsman Act 2015 (the Act) will come into operation on 11
March 2016. Under the Act, the Minister for Small Business may make
rules to ensure the efficient operation of the Ombudsman's
office. Closing date for submissions: Wednesday, 24
February 2016.
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Submissions: Interactive Gambling Amendment (Sports
Betting Reform) Bill 2015
On 26 November 2015 the Senate referred the Interactive
Gambling Amendment (Sports Betting Reform) Bill 2015 for inquiry
and report. The closing date for submissions is 12 February 2016.
The reporting date is 12 May 2016.
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Options to strengthen the misuse of market power law:
Discussion Paper
The purpose of this discussion paper is to seek the views
of interested parties on options to strengthen the misuse of market
power provision (section 46) of the Competition and Consumer
Act 2010 (CCA). Submissions on this discussion paper close on
12 February 2016.
More...
ASIC guidance on new protections for small businesses
against unfair contract terms
The information sheet provides guidance about the new
provisions, including how the law defines a standard form contract
and ASIC's expectations that prior to 12 November 2016,
businesses will review their standard form contracts.
Information sheet Unfair contract term protections for small
businesses (INFO
211) (02 February 2016).
More...
Cases
Bride v The Shire of Katanning
[2016] FCA 65
CONSUMER LAW – whether asserted conduct of
local government authority was conduct 'in trade or
commerce' – conduct of local government authority in the
pursuit of rates – conduct of local government authority in
the course of litigation. CONSUMER LAW – jurisdiction
of Federal Court of Australia under the Australian Consumer Law
– whether jurisdiction of Australian Consumer Law extends to
partnership – whether firm of solicitors acting in trade and
commerce – whether jurisdiction of Federal Court of Australia
to consider tort of conspiracy attracted by assertion of
non-colourable federal claims – whether federal nexus in
assertion of misleading and deceptive conduct or unconscionable
conduct – whether extended operation of Competition and
Consumer Act 2010 (Cth). 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; Corporations
Act 2001 (Cth). More...
Australian Competition and Consumer Commission v
Clinica Internationale Pty Ltd (No 2) [2016]
FCA 62
CONSUMER LAW – contraventions of ss 18, 21, 29 and
31 of the Australian Consumer Law admitted – undertakings,
declaratory relief, injunctions, disqualification order, non-party
redress orders and pecuniary penalties sought in large part without
contest. CONSUMER LAW – non-party redress orders
– refunds to clients who suffered loss or damage –
whether second respondent had effective control over funds held in
discretionary trust such that they should be made available to
effect refunds. More...
Australian Competition and Consumer Commission v
Woolworths Limited [2016] FCA 44
CONSUMER LAW – pecuniary penalties – relevant
matters – assessment of comparative cases – effect of
incommensurability – relevance of previous acknowledgment of
likely similar contravention – relevance of payment of
compensation by contravening party – whether payment of
compensation is only relevant to whether the contravening party is
contrite. CONSUMER LAW – pecuniary penalties – s
224(4)(b) Australian Consumer Law – meaning of the "same
conduct" – effect of the course of conduct
principle. More...
Clarkson Williams Partners Pty Ltd v
Vaughan [2016] ACTCA 1
The appeal is allowed and the judgment given on 26
February 2015 is set aside. TRADE AND COMMERCE – TRADE
AND COMMERCE GENERALLY – Statutes relating to misleading or
deceptive conduct in trade – silence – where business
sold at overvalue – whether reasonable and definite inference
of actual knowledge of overvalue – no evidence establishing
value of goodwill – competing inferences available –
appeal allowed. TRADE AND COMMERCE – TRADE AND COMMERCE
GENERALLY – Statutes relating to misleading and deceptive
conduct in trade – conduct by silence – no finding as
to whether non-disclosure was inadvertent or deliberate –
whether non-disclosure can be inadvertent – inadvertent
failure to disclose capable of misleading and deceiving – no
finding necessary. Fair Trading Act 1992 (ACT) ss 5 and
12; Trade Practices Act 1974 (Cth). More...
Legislation
Commonwealth
Competition and Consumer Amendment (Payment Surcharges)
Bill 2015
Amends the Competition and Consumer Act 2010 to
establish a framework to ban surcharges imposed in respect of
particular payment methods that exceed the cost of acceptance for
those payment methods; and provide the Australian Competition and
Consumer Commission with additional powers to gather information
and issue infringement notices in enforcing the ban on excess
surcharges. House of Representatives Introduced and read a
first time 03/12/15; Third reading agreed to 04/02/16; Senate
Introduced and read a first time 04/02/16; Second reading moved
04/02/16.
More...
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