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Care is needed to correctly structure these consortium bidding and flipping arrangements to avoid misleading conduct.

It’s an advantage these days to be seen as ‘green’. Companies are desperate to capture the new green consumer market, and as a result, we are seeing a dramatic increase in the number of carbon neutral and carbon offset claims being made by businesses, and in some cases, by unscrupulous traders looking to ‘greenwash’ their advertising to attract consumers.

The Australian Competition and Consumer Commission (ACCC) is vigilant in prosecuting those companies that breach the provisions of the Trade Practices Act 1974. In particular, the Commission has been keeping an eye on those companies who use misleading or deceptive messages when promoting their green credentials.

In addition to the substantial award of damages, this decision on appeal also considers issues of uncertain causation.

Advertisements referring to the price of a product or service need to display all of the costs a customer will incur.

All ship operators must navigate the relationship with the port authorities at the ports at which they call.

Although illegal cartel conduct is a very serious matter, the company could potentially have avoided this prosecution.

On 31 March 2015 the much anticipated Final Report of Australia's Competition Policy Review Panel was released.

Competition law within Australia's aviation industry and its impact on airlines, passengers, and the aviation sector.

The Federal Court has denied businesses an easy target when defending their brands from misuse under Google Adwords.

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

In recent months, the ACCC has taken a tougher stance on merger undertakings. In seeking informal clearance from the ACCC that a proposed acquisition will not have the effect, or likely effect, of substantially lessening competition in contravention of section 50 of Trade Practices Act 1974 (Cth) (TPA), companies can offer, or be requested to give, certain undertakings to the ACCC in accordance with section 87B of the TPA.

On 8 September 2021, the High Court ruled in a 5:2 majority decision that Facebook – and, by implication, any operator of a website or social media page – can be liable for defamatory content posted by third parties:

This two-part series looks at some of the key cases involving the ACCC in the areas of Competition and Consumer law.

The ACCC will appeal the Federal Court's rejection of the Metcash acquisition of Franklins.

The ACCC's 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of 2020.

The ACCC has proposed allowing health insurer Hospitals Contribution Fund of Australia Limited and participating dentists to agree on the maximum price they will charge HCF members for basic preventative...