*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 4) contains the following material:
- And so say all of them
In 1985, the High Court, in the case of Yorke v Lucas, addressed accessorial liability under s 75B of the Trade Practices Act 1974 (Cth). Despite the passage of time since then, there remain unresolved issues in respect of the application of s 75B and analogous provisions in the successor legislation, the Competition and Consumer Act 2010 (Cth) (which incorporates the Australian Consumer Law). This article analyses the current unsettled position in relation to the constituent elements for establishing accessorial liability under the current legislation and proposes a solution to various issues, including whether knowledge of the facts by which it can be concluded that each element has been established is sufficient; whether an accessory must have knowledge of all of the facts proved against the primary contravenor; and the extent to which proof of accessorial liability requires something more than mere knowledge of the essential elements.
China’s MOFCOM: Gaining in confidence and transparency – Thomas Jones, Raquel Lapresta and Jessica Qiu
China’s Anti-Monopoly Law came into effect just over five years ago and remains one of the youngest antitrust laws in the world, primarily enforced by the Ministry of Commerce of the People’s Republic of China (MOFCOM). This article provides an analysis of recent MOFCOM decisions in light of trends observed in Europe and Australia over the past few years. It can be seen that, since its establishment, MOFOCM has become more confident in accepting and imposing complex behavioural remedies as it adopts successful monitoring and enforcement mechanisms. Further, MOFCOM’s competition and market analysis has also increased in detail and sophistication as it accumulates more experience.
- Australia’s bulk wheat export terminals – Is there a case for industry-specific access regulation? – Helen Anness and John Hedge
- Scooters, helicopters and automobiles – oh, and dishwashers …– Larissa Detmold
- Penalty problems in Flight Centre – John Duns
- New federal directions in commercial fairness – Frank Zumbo
- Application for authorisation of acquisition of Macquarie Generation by AGL Energy Ltd – Sarah Moritz
- Secondary meanings and misleading and deceptive conduct – Damien O’Brien
- Energy network regulation and the implications of falling electricity demand – Andrew Reeves
- Telecommunications-specific competition regulation in a converged digital environment – is it still relevant? – Niloufer Selvadurai
- 40 years of trade practices law administration – Hank Spier
- Mapping the growth of competition watchdogs in India in recent years – Udayan Jain and Abhilasha Nautiyal
- The ghost of Illinois Brick – Christopher Pleatsikas
For the pdf version of the table of contents, click here: WAU – AJCCL Vol 22 Pt 4 Contents.