Competition law and market regulation
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Penalties and the Question of Breach” – Anthony Gray; and “Overseas Buybacks on the ASX: Disclosure Requirements and Signalling Impact” – Mark Holub and Jason Mitchell. Also in this Part are the following sections: Competition Law and Market Regulation: “The High Court Decision in ACCC v Flight Centre – Crash Landings Ahead?” – Brent Fisse; and New Zealand Newsletter: “Are Gains to Foreign Owners “Public Benefits” in Authorisation Proceedings under the Commerce Act 1986?” – Rex Ahdar.
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO regarding debate about proposed changes to the Competition and Consumer Act 2010 (Cth) (CCA). It also contains the following articles: “Settlement practices in Australia: The distinction between civil and criminal penalties” – Linda Evans and Alexander Vial; “Facilitating practices, vertical restraints and most favoured customers: Australian competition law is ill-equipped to meet the challenge” – Brent Fisse; and “Australia’s flawed Regulatory Impact Statement (RIS) process” – Sue Taylor, Julie-Anne Tarr and Anthony Asher. Also in this Part are the following sections: Company Law and Securities: “Imposition of longer sentences for insider trading: The case of Hanlong Mining” – Mark Fisher and Michael Legg; and Competition Law and Market Regulation: “Section 46: Exposure draft legislation and ACCC draft misuse of market power guidelines” – Stephen Corones.
The latest Part of the Australian Business Law Review includes the following articles: “Investigating the goodwill issue in franchising: An exploratory analysis” – Maurice Roussety, Lorelle Frazer and Evan Douglas; “Registration errors, priority rules and the policy behind the PPSA: In pursuit of certainty or fairness?” – Linda Widdup; “Misleading premium claims” – Stephen Corones; and “Forensic accounting: Professional regulation of a multi-disciplinary field” – Jeanette Van Akkeren, Sherrena Buckby and Julie-Anne Tarr. Also in this Part are the following sections: Competition Law and Market Regulation: “Recent successes for the Australian Competition and Consumer Commission” – Robert Baxt AO; Company Law and Securities: “Assessing the capabilities of the Australian Securities and Investments Commission and other issues” – Robert Baxt AO.
The latest Part of ABLR includes the following articles: “The ACCC: Roots and branches – proposals to enhance ACCC effectiveness” – Caron Beaton-Wells; “Roots, branches and other objects – one step beyond the Harper Review?” – I S Wylie; “Online dispute resolution: The advantages, disadvantages, and the way forward” – Anthony John Sissian; “Challenges facing the notariat in Australasia in the 21st century” – Noel Cox; and “Dashed expectations? The impact of civil liability legislation on contractual damages for disappointment and distress” – Sonia Walker and Kate Lewins; and the following sections: Intellectual Property Law: “Why is an isolated segment of human DNA patentable under Australian law but not under United States law?”; Competition Law and Market Regulation: “Competition Policy Review: Draft recommendations on competition laws”; and Company and Securities Law: “The government response to the Senate Economic References Committee Report into the Australian Securities and Investments Commission”.
The latest Part of ABLR includes the following articles: “The CAMAC report on charitable trusts and trustee companies – listed financial services providers or benevolent institutions?” – Eve Brown; “Infringement notices and federal regulation: Wolves in sheep’s clothing?” – Anne Rees; and “Identifying and evaluating mavericks in Australian and US merger analysis” – Ben Morawetz. Also in this Part are the following sections: Company Law and Securities – “Where to next for the Australian Securities and Investments Commission?”; Competition Law and Market Regulation – “Behaviour v Structure: Tribunal’s AGL Energy Merger Authorisation”; and Insurance and Transport Law – “Controlling insurance contract terms: Section 54 of the Insurance Contracts Act – compliance, recovery and accountability”.
The latest Part of the Australian Business Law Review includes the following articles: “Asset lending, unconscionable conduct and intermediaries” – Denise McGill; “Certainty and the ISDA credit derivative determinations committees” – G P Craddock; and “Whither a unified approach to the functional dimension of market definition: Why Metcash was the one that got away” – Josh Buckland. Also included in this Part are the following section notes: Banking and Finance: Financial literacy and financial decision-making of Australian secondary school students – Paul Ali, Cosima McRae and Ian Ramsay; Competition Law and Market Regulation: Strategic entry deterrence: Does it constitute a misuse of market power? – Stephen Corones; Contracts and Restitution: The High Court considers the meaning of “reasonable endeavours”: Electricity Generation Corp v Woodside Energy Ltd – Troy Keily; and New Zealand Newsletter: Frustration of contract in the New Zealand Supreme Court – Rex Ahdar.
The latest Part of the Australian Business Law Review includes the following articles: “Circular priority conundrums – cutting the Gordian knot” – Bruce Whittaker; “Extraterritorial application of Pt IV of the Competition and Consumer Act” – Ian B Stewart; and “Businesses are people too? Anomalies in widening the ambits of “consumer” under consumer credit law” – Franci Cantatore and Brenda Marshall. Also in this Part are the following sections: Competition Law and Market Regulation; Commercial Litigation; and Contracts and Restitution.
The latest Part of ABLR includes the following articles: “In-house counsel advising on foreign law: Is it privileged?” – Dan Butler; “Queensland shale gas – a rocky road ahead for the new kid on the block?” – Michael Walton; “Insurance and trust: Lessons from the Christchurch Cathedral” – Julie-Anne Tarr and Myles McGregor-Lowndes; and “National competition policy: Coming of age” – Professor Frederick G Hilmer AO. There is also an Editorial and a Competition Law and Market Regulation section.
The last Part of Volume 40 of the Australian Business Law Review publishes articles on restricting foreign acquisitions of Australian enterprises, the liability of corporate officers for occupational health and safety breaches, and continuous disclosure and the need for practical guidance. There is also a Competition Law and Market Regulation section and two book reviews.
The February issue of ABLR contains an interesting mix of articles and sections covering a range of topics. The first article comes from Thanuja Rodrigo and discusses the Australian divergence from English law in matters restraining demands under on-demand guarantees. The second article by Nicholas Mavrakis and Michael Legg, examines the US Dodd-Frank whistleblower reforms and concerns regarding the bounty provisions.Also included are Banking and finance, Company law and securities and Competition law and market regulation sections.