competition law

Australian Business Law Review update: Vol 45 Pt 2

By Journal Alerts on April 6, 2017

The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “Strategically Deterring Generic Entry Ahead of Patent Expiry: A Competition Law Antidote? Assessing Australian Pharmaceutical Antitrust Enforcement after ACCC v Pfizer” – Colette Downie; “Marine Insurance Law Reform in Australia – a Following Sea” – Julie-Anne Tarr; “Registered Charities and Governance Standard 5: An Evaluation” – Ian Ramsay and Miranda Webster; and “Australian Charities and Not-for-profits Commission: Enforcement Tools and Regulatory Approach” – Marina Nehme. Also in this Part is the following section: Privacy Law: “‘Personal information’ under the Privacy Act 1988 (Cth) – Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4” – Normann Witzleb.

Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, ACCC v Pfizer, Antitrust Enforcement, Australian Charities and Not-for-profits Commission (ACNC), Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd (2015) 323 ALR 429; [2015] FCA 113, Colette Downie, competition law, Editorial, generic entry, governance standard 5, Ian Ramsay, Insurance Act 2015 (UK), Julie-Anne Tarr, Marina Nehme, Marine Insurance Act 1906 (UK), marine insurance law reform, Miranda Webster, misuse of market power, Normann Witzleb, patent expiry, patent settlement agreements (PSAs), personal information, pharmaceutical patentees, Privacy Act 1988 (Cth), Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4, privacy law, Professor Robert Baxt AO, registered charities, responsible entities, Standard 5 | Leave a response

A silver anniversary for the AJCCL

By Journals team on March 9, 2017

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

Posted in Australian Journal of Competition and Consumer Law (AJCCL), News & Insight | Tagged AJCCL, competition law, consumer law, Dr Ron Desiatnik, trade practices law | Leave a response

Australian Business Law Review update: October 2016

By Journal Alerts on October 28, 2016

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.

Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Alexander Vial, Anthony Asher, Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, Brent Fisse, cartel provisions, civil and criminal penalties, Commonwealth v Director Fair Work Building Industry Inspectorate (2015) 90 ALJR 113; [2015] HCA 46, company law and securities, competition law, Competition law and market regulation, discretionary by-pass provisions, Editorial, exposure draft legislation, facilitating practices, Future of Financial Advice (FOFA), Hanlong Mining, Harper Review, insider trading, Julie-Anne Tarr, Linda Evans, Mark Fisher, market power guidelines, Michael Legg, most favoured customers, National Broadband Network (NBN), parallel criminal and civil cartel provisions, Professor Robert Baxt AO, Professor Stephen Corones, Pt IV of the Competition and Consumer Act 2010 (Cth), Registrable Superannuation Entity (RSE) licensing, Regulatory Impact Statement (RIS), s 46 of the Competition and Consumer Act 2010 (Cth) (CCA), sentencing, settlement practices, Sue Taylor, vertical restraints | Leave a response

Journal of Banking and Finance Law and Practice update: Special Issue – September 2016

By Journal Alerts on October 13, 2016

This Special Issue of the Journal of Banking and Finance Law and Practice (JBFLP) is produced in collaboration with the BFSLA Academic Committee, focusing on the theme of “Finance Law: Global and Regional Challenges”. It includes the following articles: “Regulating financial institution culture: Reforming the regulatory toolkit” – Ann Wardrop, David Wishart and Marilyn McMahon; “Bitcoin: Consumer protection and regulatory challenges” – Louise Parsons; “Small amount credit contract reforms in Australia: Household survey evidence and analysis” – Gill North; “Making prudence: Consumer credit and twin peaks, a comparison of Australia and South Africa” – Gail Pearson; and “Ad impossibilia nemo tenetur – on the recent attempts to harmonise the law of intermediated securities” – Matteo Solinas. Also in this Part are the following sections: Banking Law and Banking Practice; Insolvency Law and Management; United Kingdom and Europe; Singapore and South East Asia; and an Editorial note by the Guest Editors.

Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, News & Insight, Update Summaries | Tagged "twin peaks" structure, Academic Committee of the Banking and Financial Services Law Association (BFSLA), ad impossibilia nemo tenetur, Alan Tyree, Ann Wardrop, Ariel Borland, bank fees, Banking Law and Banking Practice, bitcoin, blockchain, CGU Insurance Ltd v Blakeley (2016) 90 ALJR 272; [2016] HCA 2, Clare Langford, competition law, consumer credit, Consumer Protection, cryptocurrency, dark pools, David Wishart, Dominique Lombardi, Dr Nuncio D’Angelo, Dr Stuart Dutson, ePayments, Gail Pearson, Geneva Securities Convention, Gerard Breen, Gill North, Gregory Brandman, Insolvency law and management, insurers, intermediated securities, Jason Harris, JBFLP, Jennifer O’Farrell, John Jarvis QC, John Melluish, John Sheahan, Kala Anandarajah, Kallun Willock, late payment fees, lending, Lindsay Powers, Louise Parsons, Marcus Teo, Marilyn McMahon, Matteo Solinas, Michael Green, Michael Legg, Paciocco v Australia and New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28, Philippine Competition Act, Philippine Competition Commission, prudential regulation, regulating financial institution culture, s 335A of the National Consumer Credit Protection Act 2009 (Cth), Shelley Griffiths, Shobi Galassi, Singapore and Southeast Asia, small amount credit contract reforms, South Africa, Tanya Tang, UK Financial Conduct Authority (FCA), unethical behaviour and misconduct, United Kingdom and Europe, Wayne Courtney | Leave a response

Australian Journal of Competition and Consumer Law update: September 2014

By journals team on September 12, 2014

The latest Part of AJCCL includes the following articles: “Australian Competition and Consumer Commission priorities” – Rod Sims; “Does it matter what the hypothetical consumer knows? An analysis of ACCC v TPG” – Haylene Treisman; and “A snuggle for survival – the paradox of section 44ZZRD(3)(c): Restricting co-operation may mean restricting competition” – Marianna Parry and Richard Hobson. Also in this part are the following sections: Authorisations and Notifications; Consumer Protections; Case note; What if…; Consumer Concerns; Report from Africa, Report from Europe; and Report from Latin America.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Update Summaries | Tagged ACCC, ACCC v TPG, AJCCL, Authorisations and notifications, Bernard McCabe, Case Note, Coles, competition law, construction industry, Consumer concerns, Consumer Protections, Haylene Treisman, Laurène Baudouin, Lesley Morphet, Luis Omar Guerrero Rodriguez, Marianna Parry, misleading or deceoptive conduct, mobile network coverage, Report from Africa, Report from Europe, Report from Latin America, resale price maintenance, restricting co-operation, Richard Hobson, Rod Sims, Russell Miller, s 44ZZRD(3)(c) of the Competition and Consumer Act 2010 (Cth), Sarah Andrews, shopper docket, South Africa, supermarkets, Una Lawrence, What if..., Woolworths, Yves Brulard | Leave a response

Australian Business Law Review update: October 2013

By journals team on October 28, 2013

The latest Part of ABLR includes the following articles: “Consumer leases and consumer protection: Regulatory arbitrage and consumer harm” – Paul Ali, Cosima McRae, Ian Ramsay and Tiong Tjin Saw; “Wrestling with Giants – a critical account of supermarket power and competition law in Australia and the United Kingdom” – Madeline Taylor; and “Bounty hunters, whistleblowers and a new regulatory paradigm” – Vivienne Brand, Sulette Lombard and Jeff Fitzpatrick. There is also an Editorial and a Company Law and Securities section note.

Posted in Australian Business Law Review (ABLR), Update Summaries | Tagged ABLR, ACCC, company law and securities, competition law, consumer leases, Consumer Protection, Cosima McRae, Ian Ramsay, Jeff Fitzpatrick, Madeline Taylor, Paul Ali, regulation, Sulette Lombard, supermarket power, the Bell case, Tiong Tjin Saw, Vivienne Brand, whistleblowers | Leave a response

Australian Journal of Competition and Consumer Law update: June 2013

By journals team on June 6, 2013

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Australian competition law still trips over barriers to entry” – Paulina Fishman; and “Proposals for an ACCC makeover” – Frank Zumbo. It also includes the following section notes: Access to Services, Defective Goods, Snapshots, Commission Cameos, Economic(s) Matters, Report from Africa and Report from India.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Update Summaries | Tagged Access to Services, AJCCL, Alex Sundakov, Commission Cameos, competition law, Damine O'Brien, Defective Goods, Douglas Shirrefs, Economic(s) Matters, Frank Zumbo, Hank Spier, John Hedge, Larissa Detmold, Lesley Morphet, Paulina Fishman, proposals, Report from Africa, Report from India, Snapshots, Swati Sharma | Leave a response

Australian Journal of Competition and Consumer Law update: September 2012

By journals team on August 27, 2012

The September 2012 issue of the Australian Journal of Competition and Consumer Law includes an article by Paul A Czarnota that looks at the AFL, the joint venture defence and single economic entity theory, an edited version of a speech given Chairman of the ACCC, Rod Sims, at the 2012 Competition Law Conference and an article by Rod Sims which seeks to promote understanding of the ACCC’s NBN Co/Optus authorisation decision and its implications. There is also great range of high quality sections, including Economic(s) Matters, Snapshots, Consumer Protection, Reports from Asia and New Zealand, plus much more!

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Update Summaries | Tagged ACCC, Access to Services, Administration and National Competition Policy, AFL, AJCCL, Alex Sundakov, Ben Mee, Bernard McCabe, Case Note, Clara Ingen-Housz, competition law, Consumer Protection, Damien O'Brien, Debra Wilson, Defective Goods, Doug Shirrefs, Economic(s) Matters, enforcement, Frank Zumbo, JLR Davis, joint venture defence, Larissa Detmold, Mitch Riley, NBN, Paul A Czarnota, Reflections, Report from Asia, Report from New Zealand, Rod Sims, single economic entity theory, Snapshots, Worth repeating | Leave a response

Foreword to the 20th year of AJCCL

By Rachel on March 14, 2012

by Rod Sims, Chairman, Australian Competition and Consumer Commission The year 1993 – the year in which this Journal was first published – turned out to be an auspicious one for practitioners and observers in competition policy in Australia. The report of the National Competition Policy Review (later dubbed the “Hilmer Report”, after Professor Fred ...more

Posted in Australian Journal of Competition and Consumer Law (AJCCL) | Tagged ACCC, AJCCL, competition law, Hilmer Report | Leave a response

Australian Intellectual Property Journal update

By journals team on December 20, 2011

The second Part for Volume 22 of the Australian Intellectual Property Journal includes articles by Sarah Bennett regarding the compatibility of plain packaging with TRIPs and an article by Jani McCutcheon critically considering the originality threshold in two important cases for IP law. This Part also includes a Topic of Interest from Mark Sumptor discussing IP and competition law.

Posted in Australian Intellectual Property Journal (AIPJ), Update Summaries | Tagged AIPJ, competition law, IceTV Pty Ltd v Nine Network Australia Pty Ltd, Jani McCutcheon, Matt Sumptor, originality threshold, plain packaging, Sarah Bennett, Telstra Corp Ltd v Phone Directories Co Pty Ltd, TRIPS | Leave a response

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