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In a recent decision ("Armacel Pty Limited v Smurfit Stone Container Corporation" [2007] FCA 1928) the Federal Court of Australia held that a foreign corporation which was contesting the Court’s jurisdiction in proceedings commenced against it could not be compelled to comply with compulsory processes of the Court such as Notices to Produce documents.

Any restrictive condition is only allowed if it does not have an anti-competitive purpose or effect on competitors.

The Australian Government has passed legislation which will remove the intellectual property safe harbour from the Competition and Consumer Act 2010 (Act) on 12 September 2019

The Trade Practices Amendment (Clarity in Pricing) Act 2008 comes into effect on 25 May 2009. If you are a company selling goods or services to consumers, this Act will have significant effects on the way you advertise the price of your goods or services.

This is a reminder of one of the hurdles that may need to be overcome when selling the assets of an insolvent company.

On 4 March the ACCC published its decision to oppose AGL Energy Limited's proposed acquisition of Macquarie Generation.

The Court dismissed the case of misuse of market power and exclusive dealing conduct around its atorvastatin products.

Businesses with potential market power should review all current arrangements, existing practices and future strategies.

The ACCC will have to prove that the effect or likely effect of the conduct is a substantial lessening of competition.

In December 2019, the ACCC released a discussion paper regarding a proposed block exemption for ocean liner shipping.

RPM conduct can reduce price competition, so consumers pay higher prices than they should in a competitive market.

On 24 November 2015, the Australian Government released its much anticipated response to the Harper Competition Policy Review, supporting or partly-supporting 44 of 56 recommendations.

European competition authorities are also serious about resale price maintenance or suppliers fixing resellers’ prices.

Retention of title (ROT) clauses or “Romalpa” clauses have become commonplace in contracts for the supply of goods.

On 18 September 2007, the Senate passed amendments to section 46 of the Trade Practices Act 1974.

There are a range of privacy, spam and consumer protections that must be considered when setting up and running a competition in Australia.

In a timely reminder that the grant of immunity for exclusive dealing conduct which would otherwise be a breach of the Trade Practices Act is not necessarily a foregone conclusion, the Australian Competition and Consumer Commission recently issued a draft determination rejecting eBay's application for immunity.