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  • Article

    Why Shouldn´t Ebay Be Able To Require Parties To Use Paypal?

    eBay International (<strong>eBay</strong>) has indicated to the Australia Competition and Consumer Commission (<strong>ACCC</strong>) that it wants to require buyers and sellers on the eBay system to use one or other of the following payment systems.
    AustraliaAntitrust/Competition Law
    The Competition Law Project
    The Competition Law Project
  • Article

    High Court examines foreign state immunity in commercial transactions

    You may find that you are unable to commence proceedings against a counterparty if they are owned by a foreign state.
    AustraliaInternational Law
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    The ACCC ups the ante against Woolworths

    This decision is important because it is the first time the ACCC has opposed the acquisition of an undeveloped site.
    AustraliaAntitrust/Competition Law
    Addisons
    Addisons
  • Article

    ACCC’s 2013 hit list – compliance and enforcement policy

    The ACCC has released itsr evised Compliance and Enforcement Policy, setting out it's agenda for 2013.
    AustraliaConsumer Protection
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Competition & Consumer Law Update – September 2019 Edition

    Justice Banks-Smith has found that the hair regrowth company Ashley & Martin used unfair terms in certain standard form customer contracts.
    AustraliaConsumer Protection
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Deal Done: Mandatory Merger Clearance In Australia Becomes Law

    It is now confirmed that Australia will have a mandatory and suspensory (competition) pre-merger clearance regime with the passing of legislation late yesterday.
    AustraliaCorporate/Commercial Law
    K&L Gates
    K&L Gates
  • Article

    Recent case a Paradise for Franchisors

    The Court supported the view that well worded disclosure documents reduced successful claims for breaches of the Code.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The sting for General Counsel in the James Hardie decisions - Shafron v ASIC and ASIC v Hellicar

    The High Court recently handed down two important decisions dealing with company officer's duties.
    AustraliaCorporate/Commercial Law
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Australia- Claims Relating to Allergy Treatments - Further Action by the ACCC

    Food producers, alternative therapy providers and multi-level marketing companies that make claims about the potential for their products to address allergies, risk ACCC action if these claims are found to be misleading or deceptive.
    AustraliaEmployment and HR
    Addisons
    Addisons
  • Article

    In The Crosshairs – ACCC Confirms Review Of No-Poach Provisions In Employment Contracts

    As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition...
    AustraliaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Avoiding claims of misleading and deceptive conduct when selling off-the-plan properties

    There are serious consequences of making misleading or deceptive representations during pre-contractual negotiations.
    AustraliaEnvironment
    HopgoodGanim
    HopgoodGanim
  • Article

    Facebook just fine following eye-watering privacy penalty?

    The ACCC acknowledged the impact of Facebook's business operations on privacy, competition and consumer protection.
    AustraliaMedia, Telecoms, IT, Entertainment
    Holding Redlich
    Holding Redlich
  • Article

    High Court Rules C7 Breached Trade Practice Laws

    The High Court has handed down a decision about the scope of what is sometimes called the "media safe-harbour" protecting media outlets from liability for misleading or deceptive conduct under section 52 the Trade Practices Act.
    AustraliaMedia, Telecoms, IT, Entertainment
    Mullins Lawyers
    Mullins Lawyers
  • Article

    Danger With "Off The Plan" Sales

    A decision in the Supreme Court in NSW, Mr Zhang and Ms Liu v VP302 SPV Pty Ltd and Ors, serves as a reminder to those involved in off the plan property sales to exercise caution when making representations to potential buyers that predict or give an opinion regarding future matters.
    AustraliaReal Estate and Construction
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Property Developers Beware – ACCC Tees Off On Misleading And Deceptive Conduct Finding

    A Queensland property developer has been exposed to the unwelcome attention of the ACCC over claims about the progress of construction of a golf course on a residential estate at Arundel on the Gold Coast.
    AustraliaReal Estate and Construction
    HopgoodGanim
    HopgoodGanim
  • Article

    Inside Track: Competition & Consumer Law - In the media, Practice and regulation, and Cases

    This newsletter links to recent media releases, reports and cases relating to competition and consumer law.
    AustraliaAntitrust/Competition Law
    Holding Redlich
    Holding Redlich
  • Article

    A trust-busting wind is blowing

    Populist pressures seem to be building and the ACCC and policymakers must be able to hold back the tide of protectionism.
    AustraliaAntitrust/Competition Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    ACCC approves continuance of North West Shelf Gas joint venture

    On 8 September 2010, the Australian Competition and Consumer Commission (ACCC) published a decision authorising north west shelf joint venture (NWSV) participants to jointly market domestic gas.
    AustraliaAntitrust/Competition Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    ACCC Publishes Its First Report On Ex Post Reviews Of Past Merger Decisions

    Throughout the report, the ACCC has identified a number of ‘key takeaways' that will likely impact the way future merger proposals are assessed.
    AustraliaAntitrust/Competition Law
    Bird & Bird
    Bird & Bird
  • Article

    ACCC Releases 2008 Merger Guidelines

    On 21 November 2008, the Australian Competition & Consumer Commission (ACCC) released the 2008 Merger Guidelines (New Guidelines) which replace the original merger guidelines released in 1999.
    AustraliaAntitrust/Competition Law
    Cooper Grace Ward
    Cooper Grace Ward

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