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Article
Pan Pharmaceutical’s Representations Misleading And Deceptive But Not Negligent
A failure to meet ongoing supply and quality assurance may constitute misleading and deceptive conduct.
AustraliaLitigation, Mediation & Arbitration
Clayton Utz
Article
Advertising Agency Off The Hook For Misleading Advertisements
On 25 February 2004, the Full Court of the Federal Court unanimously dismissed an appeal by the Australian Competition and Consumer Commission (ACCC) against the decision of Justice Jacobson in Cassidy v NRMA Health Pty Ltd [2002] in which his Honour held that Saatchi & Saatchi Australia Pty Limited (Saatchi) was not liable for advertisements which it created and developed for NRMA Health Pty Limited and NRMA Insurance Limited (NRMA) notwithstanding that those advertisements were misleading or d
AustraliaMedia, Telecoms, IT, Entertainment

Freehills

Break Fees, Lock-Ups and Disclosure: Wattyl´s Brush

The recent decision regarding the proposed takeover of paint manufacturer Wattyl Limited (Wattyl) provided an opportunity for the Takeovers Panel (Panel) to consider the appropriateness of the size of a break fee by reference to target annual profit rather than market capitalisation, and the appropriateness of failure to satisfy a regulatory condition as a trigger for payment of a break fee.

AustraliaStrategy

Treasury commences consultation on regulation of Digital Platforms

The ACCC has commenced a five-year inquiry into markets for the supply of digital platform services.

AustraliaTechnology

Holding Redlich

Deteriorated Seafood Claim Leads to Issues of Due Diligence in a Latent Defect Defence:

The recent decision of Justice Ryan in the Federal Court of Australia in Seafood Imports Pty Ltd v ANL Singapore Pte Ltd (2010) FCA 702, confirmed and followed the approach of the High Court of Australia in Great China Metal Industries Co Limited v Malaysian International Shipping Corporation Berhad (the ‘Bunga Seroja’) 1998 196 CLR 161, in a case involving heating damage to a consignment of frozen seafood.

AustraliaTransport

DLA Piper Australia

Travel Agent Commission and Fuel Surcharges Revisited

In our bulletin on 30 July 2009 we reported on the decision of Justice Moore in the Federal Court of Australia in Leonie’s Travel Pty Ltd v International Air Transport Association, Qantas Airways Limited & Ors. Qantas was found not liable to pay travel agent commissions and to have not breached its Contract with the travel agents. That decision has now been overturned on appeal to the Full Court of the Federal Court of Australia in Leonie’s Travel Pty Ltd v Qantas Airways Limited [2010] FCAFC 3

AustraliaTransport

DLA Piper Australia

Competition and Consumer Law - What's News - 8 June 2016

This newsletter has links to media releases, reports, cases and legislation relating to competition and consumer law.

AustraliaAntitrust/Competition Law

Holding Redlich

A New Era Of Accountability: Federal Parliament Passes The Trade Practices Amendment (Cartel Conduct And Other Measures) Act 2009

Representing a significant step in Australian Trade Practices law, both Houses of Federal Parliament last week passed the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth).

AustraliaAntitrust/Competition Law

Cooper Grace Ward

ACCC announces compliance and enforcement priorities for 2018

Businesses should expect the ACCC to be proactive during 2018 and to seek to enforce the new provisions of the CCA.

AustraliaAntitrust/Competition Law

ACCC Proposes To Revoke Immunity For Wentworth Courier Real Estate Advertising Arrangements

The Australian Competition and Consumer Commission has issued a draft notice proposing to revoke a notification concerning advertising contracts the Wentworth Courier offers to real estate agents within its circulation area.

AustraliaAntitrust/Competition Law

Amended unconscionable conduct provisions commence 1 January 2012

New unconscionable conduct provisions of the Australian Consumer Law come into force in January.

AustraliaAntitrust/Competition Law

Anti-Cartel Laws

The Australian Competition and Consumer Commission ("ACCC") and the Commonwealth Director of Public Prosecutions ("CDPP") have issued their final Memorandum of Understanding in relation to "serious cartel conduct" ("MOU")

AustraliaAntitrust/Competition Law

Antitrust Matters: DLA Piper’s Global Competition Newsletter

2014 promises a number of reforms in Australia, including a "root and branch" review of the competition law framework.

AustraliaAntitrust/Competition Law

DLA Piper Australia

Are You Ready For The New Cartel Act?

The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 has now been passed by Federal Parliament and will introduce significant changes to trade practices law in Australia.

AustraliaAntitrust/Competition Law

Australian Competition And Consumer Commission Launches Criminal Cartel Case: More To Come?

The Australian Competition and Consumer Commission ("ACCC") has instituted criminal cartel proceedings against the Country Care Group Pty Ltd ("Country Care"), its Managing Director...

AustraliaAntitrust/Competition Law

Australian Court Construes Collaborative Bidding In M&A Sale Process To Constitute Cartel Conduct & Misleading And Deceptive Conduct

Surprising litigation in the Australian Federal Court highlights the potential risks for parties engaging in back to back transactions and consortium, intermediary or other collaborative bidding, including in relation to transactions outside Australia.

AustraliaAntitrust/Competition Law

Cartel and conduct: warning for businesses entering agreements relating to keyword advertising

Entering agreements in relation to keyword advertising may be considered cartel conduct, and therefore unlawful.

AustraliaAntitrust/Competition Law

Cooper Grace Ward

Competition & Consumer Law News – 19 September 2018

This newsletter includes links to recent media releases, reports and cases relating to competition and consumer law.

AustraliaAntitrust/Competition Law

Holding Redlich

Competition & Consumer Law Update – August 2019 Edition

This is the latest in a monthly series detailing developments in competition and consumer law in Australia..

AustraliaAntitrust/Competition Law

Davies Collison Cave

Competition & Consumer Law - What's News - 13 April 2015

This newsletter includes links to recent media releases, reports and cases relating to competition and consumer law.

AustraliaAntitrust/Competition Law

Holding Redlich

Showing 441–460 of 1131 results

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