The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Collapse of Dick Smith and the Problem of Gift Cards: Issues and Alternatives for Consumer Protection” – Mohammed Al Bhadily and Kyle Bowyer; and “The New Section 46 Misuse of Market Power Test and the European Intel Experience” – Elizabeth Hersey; and the following sections: Defective Goods; Case Note; Tribunal Tableaux; Obituary; Comments from Commerce; Consumer Concerns; Report from Africa; Report from New Zealand; Benchmarks; and Odds & Ends.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged ACCC v Cement Australia Pty Ltd, AJCCL, Australian Competition Tribunal in 2017, Banking Royal Commission, Benchmarks, Case Note, changes to s 46 of the Competition and Consumer Act 2010 (Cth), Christopher Hodgekiss SC, collapse of Dick Smith, Comments from Commerce, Consumer concerns, Consumer Guarantees and the Doctrine of the Half-Truth, Consumer Protection, Court of Justice of the European Union (CJEU), Debra Wilson, Defective Goods, Editorial, Elizabeth Hersey, gift cards in Australia, Hank Spier, Intel Corp Inc v European Commission (Intel), Kyle Bowyer, Lesley Morphet, misuse of market power test, Mohammed Al Bhadily, Obituary, Odds & Ends, Peter Strong, Rebecca McEwen, Report from Africa, Report from New Zealand, Robert Baxt AO, s 46 of the Competition and Consumer Act 2010 (Cth), Thomas Horatio John Cadd, Tim Luxton, Tribunal Tableaux, US medical devices causing health issues, Xavier O’Halloran |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Online Scams and Spam – Legal Measures to Stem the Rising Tide” – Adrian Coorey; “The Sound of One Hand Shaking Itself: Inchoate Cartel Conduct under the Competition and Consumer Act 2010” – Brendan Walker-Munro; and “Mobile Infrastructure Regulation in Australia: Is Light-Touch Regulation Appropriate?” – Angela Flannery; and the following sections: Access to Services; Consumer Protection; Telecommunications; Case Notes; Snapshots; Energy Etchings; Report from India; and Report from Latin America.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged Abhilasha Nautiyal, ACCC v Australian Competition Tribunal, ACCC v Australian Egg Corp Ltd, Access to Services, Adrian Coorey, AJCCL, Angela Flannery, Australian Competition and Consumer Commission, Australian Consumer Law ss 18 and 29, Australian Energy Regulator (AER), Australian Olympic Committee Inc v Telstra Corp Ltd, Bernard McCabe, Brendan Walker-Munro, case notes, Christopher Hodgekiss SC, Competition and Consumer Act 2010, Consumer Protection, Damien O'Brien QC, Douglas Shirrefs, Editorial, Energy etchings, Holly Raiche, inchoate cartel conduct, Jessica Kate Rusten, John Hedge, Ketki Kotwal, limitations on compensation orders, Martín Michaus-Fernández, Matthew Barry, misuse of market power prohibition, mobile communications infrastructure, More's the Pity, New Declaration Criteria, Niloufer Selvadurai, Omar Guerrero Rodríguez, online scams and spam, Paula Conboy, Pravin Anand, Pt IV of the Competition and Consumer Act 2010 (Cth) (CCA), Report from India, Report from Latin America, Snapshots, Swati Sharma, Telecommunications |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Intriguing Concept of ‘Give Effect to’ – Ketki Kotwal; “Most Favoured Nations: When a Clause Falls Out of Favour” – Carolyn Oddie and Amanda Richman; and “Proving Corporations Are Agents: Problems and Solutions” – David Godwin; and the following sections: Authorisations and Notifications; Enforcement and Remedies; Restrictive Trade Practices; Unconscionable Conduct and Codes of Conduct; Case Note; Commission Cameos; Report from Asia; and Report from North America.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged AJCCL, Amanda Richman, Amendments to South Korean Competition Law, And It Came to Pass That, Andrew Christopher, Australia: A Market No Longer Girt by Sea? Air New Zealand Ltd v ACCC, Authorisations and notifications, Caroline Michel, Carolyn Oddie, cartel provisions in ss 44ZZRG and 44ZZRK of the CCA, Case Note, Charles Sweeney QC, Christopher Hodgekiss QC, Christopher Pleatsikas, Commission Cameos, concept of "give effect to", corporations as agents, Credit Cards and Antisteering Restrictions, David Godwin, Editorial, Enforcement and Remedies, Extra-territoriality and Markets “in Australia”, Frank Zumbo, Hank Spier, implied agency, Julie Clarke, Ketki Kotwal, merger authorisations, most favoured nation clauses, Nicholas Allingham, Paul D Evans, price parity clauses, public benefit test, Remedies and Harm in the Post-Harper Environment, Report from Asia, Report from North America, Restrictive trade practices, Rosie Finlayson, s 45(2)(b) of the Competition and Consumer Act 2010 (Cth) (CCA), Sarah Andrews, Sarah Russell, The Air Cargo Litigation – “A tyre is [not] a car”, The Ongoing Search for the Reasonable Man, Thomas Smalley, Unconscionable Conduct and Codes of Conduct, Unfair Small Business Contracts Legislation Gets Its Day in Court |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Digital Wallets and Consumer Protection” – Kanchana Kariyawasam and Matthew Tsai; “Problems with Free-range Labelling of Australian Eggs: Hatching a Viable Solution” – Samantha Denford; Defective Goods; Case Notes; Council Considerations; Economic(s) Matters; Report from China; Report from Europe; Worth Repeating; and Odds and Ends.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged abuse of dominant market position, ACCC v Flight Centre Travel Group Ltd (2016) 91 ALJR 143; [2016] HCA 49, AJCCL, Alex Sundakov, Apple IOS Updates, Art 17(1)(vii) of the Anti-monopoly Law (AML), boundary between monopoly and competition, case notes, Chinese competition regulators, Christopher Hodgekiss SC, consumer protection laws, conventional market designs, Council considerations, Defective Goods, Diana Biscoe, digital payment systems, digital wallets, Economic(s) Matters, Editorial, Final Report on the E-Commerce Sector in Europe, free-range eggs labelling, Jilly Cohen, Jonathan de Ridder, Kanchana Kariyawasam, Ketki Kotwal, leniency applications, loyalty discounts, Matthew Tsai, national access regime, Odds and Ends, Re Sea Swift Pty Ltd [2016] ACompT 9, Report from China, Report from Europe, Samantha Denford, Sharon Henrick, Simon Englebert, State Administration for Industry and Commerce (SAIC), Susan Ning, Tetra Pak, Thermo Fisher/Life Technologies case, Thomas Cadd, tied sales, Tom S Pick, Worth repeating |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Proving Misleading or Deceptive Conduct: Challenges Posed by the Internet” – Adrian Coorey; “Influencers, Instagurus, and Enablers: Using Accessorial Liability to Establish a Norm of Behaviour in Relation to Disguised Viral Marketing” – Lynden Griggs and Aviva Freilich; “Extracting Value from Big Data: Taking Big Data Processing and Analysis into Account” – Suiyi Zhang; Access to Services; Case Note: Tribunal Tableaux; Consumer Concerns; What If…; Comments from Commerce; Report from Russia; Report from New Zealand; and Benchmarks.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged "Because of the conduct", "Knowingly concerned", "Particular purpose … that the consumer makes known", "Request", "Undue", abusing dominant position, ACCC v Reckitt Benckiser (Aust) Pty Ltd [2016] ATPR 42-530; [2016] FCAFC 181, Access to Services, accessorial liability, Adrian Coorey, AJCCL, Australian Competition Tribunal, Aviva Freilich, Benchmarks, big data, business community, Case Note, civil penalties, Comments from Commerce, Commerce Act 1986 (NZ), Competition and Consumer Act 2010 (Cth), Consumer concerns, disguised viral marketing, DP World Sydney Ltd v Guy (2016) 262 IR 156; [2016] NSWSC 1072, Editorial, enablers, Evgeny Khokhlov, Fair Trading Act 1986 (NZ), Google, influencers, information collection online, informed consent online, instagurus, internet, Jeremy Riddle, John Hedge, Lindsay Trotman, Lynden Griggs, Matthew Barry, Matthew Berkahn, merchantable quality, misleading or deceptive conduct, online advertising, online commercial transactions, Peter Strong, price monitoring, privacy information, processing and analysis, Report from New Zealand, Report from Russia, restraint of trade clauses, Ron Desiatnik, Russell Miller AM, Russian Federal Antimonopoly Service, s 18 of the Australian Consumer Law, Suiyi Zhang, Tim Luxton, Tribunal Tableaux, trigger for Australian competition liability, What if... |
The latest Part of the Australian Journal of Competition and Consumer Law marks the journal’s 25th anniversary, and includes the following articles: “Triple A Rated? Regulating Online Information Disclosures” – Robert Walker and Rosannah Healy; “Is There a Gap in the Unfair Contract Term Provisions Between a ‘Consumer Contract’ and a ‘Small Business Contract’?” – Peter Sise; “The Cartelist’s Dilemma: Leniency Policies and Game Theory” – Nick Kotzman; Authorisations and Notifications; Consumer Protection; Enforcement and Remedies; Telecommunications; Case Notes; Energy Etchings; Snapshots; and Report from Africa.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged "Access Assess Act" behavioural economics framework, ACCC v Cement Australia Pty Ltd (2016) 242 FCR 389; [2016] FCA 453, ACCC v Hillside (Australian New Media) Pty Ltd t/as Bet365 (No 2) [2016] FCA 698, agreed facts and penalties, AJCCL, Australian Energy Regulator, Authorisations and notifications, Banking fees, case notes, civil pecuniary penalties, collective bargaining, consumer contracts, Consumer Protection, contracting out, criminal cartel conduct, deterrence, Douglas Shirrefs, Energy etchings, Enforcement and Remedies, enforcement of prohibited practices, game theory, Immunity Policy, instinctive synthesis, Karen Lee, leniency policies, Lesley Morphet, Lovelle D'Souza, Nick Kotzman, online information disclosures, Paciocco v Australia & New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28, Paula Conboy, pecuniary penalties, Peter Sise, Pt 2-3 of the Australian Consumer Law, Rebecca McEwen, reliance, Report from Africa, representations, Robert Walker, Rosannah Healy, Scott Meacock, silver anniversary, small business contracts, Snapshots, Stephanie Hayes, Telecommunications, Telecommunications Consumer Protections Code, Tenille Kearney, Tom Bridges and Patrick Barkachi, underquoting, unfair contract term provisions |
The Australian Journal of Competition and Consumer Law (AJCCL) is now in its 25th year of publication – a significant milestone! In a recent editorial, the Journal’s General Editor Ron Desiatnik said: “Whether it be in reference to the longevity of a marriage, the length of a friendship, or the serving out of a prison sentence, ...more
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Margin Squeezes as a Misuse of Market Power” – Paul McLachlan; “‘Your Rights Mob’: Making Indigenous Consumer Protection an Enduring Priority” – Rod Sims; “How Will the Enforcement of Section 46 of the CCA Change under the Full Harper?” – Sophie Matthiesson; and the following sections: Defective Goods; Case Note; Commission Cameos; Report from India; Report from Latin America; and Odds and Ends.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged "Your Rights Mob", “effects test”, “taking advantage of” requirement, “the Full Harper”, Aarthi Sridharan, Abhilasha Nautiyal, ACCC v Prysmian Cavi E Sistemi Energia SRL (No 12) [2016] FCA 822, AJCCL, Australian Competition and Consumer Commission (ACCC), cartel conduct, Case Note, Claribel Medina, Commission Cameos, Competition Act 2000 (India), Competition Commission of India (CCI), competition policies, Defective Goods, Editorial, Emilia Cadenas, free range eggs, Hank Spier, Harper Review, Indigenous consumer protection, Juan Mercant, Luis Eduardo Nieto, Luis Omar Guerrero Rodriguez, margin squeezes, Marianne Windirsch, Martin F Michaus, misuse of market power, Odds and Edds, Paul McLachlan, Peta Stevenson, Report from India, Report from Latin America, Rod Sims, section 46 of the Competition and Consumer Act 2010 (Cth) (CCA), Sophie Matthiesson, Swati Sharma, T H J Cadd |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Australia’s Protected Cartel Information Scheme: Has the Right Balance Been Struck?” – Holly Yang Cao; and “The ACCC, the Internet and Extraterritorial Injunctions” – Adrian Coorey; and the following sections: Access to Services; Administration and National Competition Policy; Case Note; What If…; Consumer Concerns; Report from Asia; Report from North America; and Worth Repeating.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged ACCC v Yazaki Corp (No 2) [2015] FCA 1304, Access Regulation, Access to Services, Administration and National Competition Policy, ADR processes, Adrian Coorey, AJCCL, Antitrust Enforcement, ASEAN, Australian Competition and Consumer Commission (ACCC), Business-to-Business Disputes, Caroline Michel, Case Note, Christopher Pleatsikas, Consumer concerns, Extraterritorial Injunctions, Frank Zumbo, Holly Yang Cao, Indirect Causation, internet, Jessica Rusten, John Hedge, Ketki Kowal, lemon cars, misuse of market power, Monopoly Pricing, Protected Cartel Information Scheme, Rachel Burgess, Report from Asia, Report from North America, Russell Miller AM, Sarah Agar, Shila Dorai Raj, Small and medium enterprises (SMEs), United States, What if..., Worth repeating |
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Are gas processing facilities ‘safe’ from third party access?” – Leanne McClurg; “Unilateral conduct and the role of the purpose test in section 46 of the Competition and Consumer Act 2010 (Cth)” – Dr Shirley Quo; and “Everyone beware: A comparative study of consumer protection in Chinese and Australian mobile commerce” – Mary Ip; and the following sections: Authorisations and notifications; Consumer protection; Case Note; Consumer Concerns; Economic(s) Matters; Report from Russia; and Odds and Ends.
Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged “take advantage” requirement, AJCCL, Alex Sundakov, Authorisations and notifications, Beijing Qihoo Technology Co Ltd v Tencent Technology (Shenzhen) Co Ltd, Bernard McCabe, broadband performance, Carolyn Oddie, Case Note, Chinese mobile commerce, comparative study, Consumer concerns, Consumer Protection, Dr Shirley Quo, Economic(s) Matters, Editorial, Evgeny Khokhlov, exemption, free range eggs, gas processing facilities, Harper Report, Harper Review, ihail Pty Ltd, Justin Lipinski, Leanne McClurg, Mary Ip, misuse of market power, Molly Snaith, Odds and Ends, Pt IIIA of the Competition and Consumer Act 2010 (Cth), purpose test, Rachel Thomas, Report from Russia, s 46 of the Competition and Consumer Act 2010 (Cth), Stephanie Hayes, third party access, unilateral conduct |
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Australian Journal of Competition and Consumer Law update: Vol 26 Pt 2
The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “The Collapse of Dick Smith and the Problem of Gift Cards: Issues and Alternatives for Consumer Protection” – Mohammed Al Bhadily and Kyle Bowyer; and “The New Section 46 Misuse of Market Power Test and the European Intel Experience” – Elizabeth Hersey; and the following sections: Defective Goods; Case Note; Tribunal Tableaux; Obituary; Comments from Commerce; Consumer Concerns; Report from Africa; Report from New Zealand; Benchmarks; and Odds & Ends.