*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Australian Journal of Competition and Consumer Law (Volume 22 Part 3) contains the following material:
- One more new feature
This article describes the Australian Competition and Consumer Commission’s strategic approach to identifying priorities. With competition enforcement, the focus is on key parts of the Competition and Consumer Act 2010 (Cth) and conduct that causes significant detriment, and often has wider implications. Consumer enforcement priorities are more focused on particular sectors and types of behaviour. The article predicts that a number of mergers and acquisitions will raise challenging issues for the Commission. It also outlines regulatory priorities and the Commission’s continuing work in various infrastructure sectors.
This article investigates the principles relating to the hypothetical reasonable consumer, with particular attention paid to the knowledge attributed to such a consumer. It is submitted that the differing judgments in the TPG v ACCC decision, at first instance and the appeals, have cast doubt on how to determine whether particular knowledge has been proven, and the relevance to, and effect of, such a determination on a finding that advertising is misleading or deceptive or likely to mislead or deceive under the provisions of s 52 of the Trade Practices Act 1974 (Cth) and its successor provision, s 18 of the Australian Consumer Law.
A snuggle for survival – the paradox of section 44ZZRD(3)(c): Restricting co-operation may mean restricting competition – Marianna Parry and Richard Hobson
In December 2013, the Abbott Government announced that it would undertake a comprehensive root and branch review of competition laws and policy, which promises to examine the current laws, as well as the broader competition framework. It will also look at increasing productivity and efficiency in markets, easing the cost of living pressures, and raising living standards. Since competition law reforms are on the agenda, the authors argue that the balance between competition and co-operation is not established correctly in the current competition framework, as restricting certain forms of co-operation paradoxically restricts competition. This is particularly so in the case of the operation of s 44ZZRD(3)(c) of the Competition and Consumer Act 2010 (Cth), which makes joint bidding and teaming agreements potentially illegal in Australia. In view of the wide interpretation of “likely competitors” in the recent case Norcast SárL v Bradken Ltd (No 2) (2013) 219 FCR 14, the ambit of s 44ZZRD(3)(c) has widened even further. This article argues that it is time for a reform of the operation of s 44ZZRD(3)(c). Considering how teaming agreements and joint bidding are protected and encouraged in United States legislation, it is submitted that Australian businesses will become more competitive locally and globally if this form of co-operation is explicitly protected by the law.
- RG Tanna coal export terminal producers: The ACCC’s latest authorisation for resources companies to collectively negotiate with infrastructure providers – Anita Wise
- Important lessons on the approach to claims of misleading or deceptive conduct that involve representations as to future matters – Bernard McCabe
CASE NOTE – Christopher Hodgekiss SC
- In shopper docket wars, supermarkets come out on top: ACCC proceedings against Coles and Woolworths for breach of undertakings – Sarah Andrews
- The prohibition on resale price maintenance – From controversial beginnings to redundancy? – Russell Miller
- Mobile network coverage in regional, rural and remote Australia – Una Lawrence
- Collusion in the South African construction industry – Lesley Morphet
- Restructuring companies in economic difficulty without violating competition law – Yves Brulard and Laurène Baudouin
- A brief insight of competition law in Latin America – Luis Omar Guerrero Rodriguez
For the pdf version of the table of contents, click here: WAU – AJCCL Vol 22 Pt 3 Contents.