Defective Goods

Australian Journal of Competition and Consumer Law update: Vol 28 Pt 4

By Journal Alerts on December 29, 2020

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Batter Up: ACCC Proposes Compulsory “Final Offer Arbitration” for Disputes between Media Businesses and Digital Platforms in Australia” – Sam Luttrell and Dave Poddar; and “Asset Valuation Confusion under Australia’s National Gas Rules” – Euan Morton and Matt Rodgers. Also in this Part are the following sections: Editorial; Access to Services; Defective Goods; Restrictive Trade Practices; Case Note; Council Considerations; Commission Cameos; What If …; Comments from Commerce; Report from China; and Report from India.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged 45-day compulsory Final Offer Arbitration process, Access to Services, AJCCL, articles, Asset Valuation Confusion under Australia's National Gas Rules, asset valuation methodology, Australian Competition and Consumer Commission (ACCC), Australian gas transmission pipelines, Batter Up: ACCC Proposes Compulsory Final Offer Arbitration for Disputes between Media Businesses and Digital Platforms in Australia, Bobby Jain, Case Note, Christopher Hodgekiss SC, Christopher Kok, Comments from Commerce, Commission Cameos, Competition in the Time of COVID-19, Council considerations, Dalrymple Bay Coal Terminal Service – Implications for the Scope of Access Regulation, Dave Poddar, Defective Goods, Editorial, Euan Morton, Facebook, fair payment for news content, Google, Gym Equipment Higher Education Expectations and Framed Bathing Pools, Hank Spier, Information Disclosure and Arbitration Framework provisions under Pt 23 of the Australian National Gas Rules, John Hedge, Julie Clarke, Mandatory Bargaining Code, Matt Rodgers, Maureen Ip Hee Wai, Michael Gvozdenovic, Peter Strong, Pravin Anand, recovered capital method (RCM), Report from China, Report from India, Resale Price Maintenance: A Stocktake, Restrictive trade practices, Russell Miller AM, Sam Luttrell, SAMR's Approach to Failing Firms, Sharon Henrick, Stephen Puttick, T H J Cadd, The Council's Work during 2019–2020, The Rise and Fall of a Legal Principle, Travel Issues During the Pandemic, Undertakings in Merger Proceedings Following Australian Competition and Consumer Commission v Pacific National Pty Ltd: Has the Train Left the Station?, Updates from Competition Law Regime for the Year 2019–2020, What If Australia Took More Notice of EU Competition Law?, What if... | Leave a response

Australian Journal of Competition and Consumer Law update: Vol 27 Pt 4

By Journal Alerts on February 20, 2020

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Agents as Competitors? The Implications of ACCC v Flight Centre for Dual Distribution” – Andrew McClenahan; “The Challenge of Applying s 47 of the Competition and Consumer Act in Cases Based on Purpose” – Justin Oliver; and the following sections: Editorial; Access to Services; Defective Goods; Restrictive Trade Practices; Case Notes; Council Considerations; Commission Cameos; Report from Europe; Report from China; and Book Review.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged Aboriginal Australians, Aborigines, ACCC v Flight Centre Travel Group Ltd, Access to Services, AJCCL, Andrew McClenahan, Australian Competition and Consumer Commission, Australian Competition and Consumer Commission v Pacific National Pty Ltd (No 2), Australian Securities and Investments Commission v Kobelt, Belgium targeting “Unfair Trading Practices” in the Agri-food Supply Chain, book review, cartel case, cartel laws, case notes, Christopher Hodgekiss SC, Commission Cameos, Competition and Consumer Act 2010, competition laws, Competitors and Perceptions, consumer law, Consumer Protection Blackout, Council considerations, Council’s Work during 2018– 2019, Cryosite, David Mierendorff, Defective Goods, Dr M Sharpe, Editorial, French CJ, George Raitt, gun jumping, Hank Spier, John Hedge, Julie Clarke, jurisdiction and borders, Justin Oliver, Maureen Ip Hee Wai, mergers, Michael Gvozdenovic, New Rules in B2B Relationships, Newcastle Shipping Channel Service, Rebecca Mahony, Report from China, Report from Europe, Restrictive trade practices, Revoking Declaration of the Newcastle Shipping Channel, SAMR Introduces Implementation Regulations, Sharon Henrick, Stephen Puttick, Tarun McCormack, The Metaphysics of Market Power, The Zero-Sum Competition and Market Manipulation Approach, Thomas Cadd, Tom S Pick | Leave a response

Australian Journal of Competition and Consumer Law update: Vol 26 Pt 4

By Journal Alerts on January 14, 2019

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Regulation in the Sharing Economy: The Sharing Economy: The Modern Consumer’s Challenge” – Connor Hogg; “Blockchain: Issues in Australian Competition and Consumer Law” – Michael Milnes; “Can a Big Business Avail Itself of the Unfair Contract Term Provisions in the Australian Consumer Law?” – Peter Sise; and the following sections: Access to Services; Defective Goods; Case Note; Commission Cameos; Snapshots, Report from Asia; and Report from North America.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Journals, Update Summaries | Tagged "secret" competition law exemptions, ACCC v Yazaki, Access to Services, AJCCL, Alan Ngo, analysing the new competition criterion, Andrew Christopher, availment of protection of big businesses, blockchain technology, cartel conduct, Case Note, Christopher Hodgekiss SC, Christopher Pleatsikas, Commission Cameos, Competition and Consumer Act 2010 (Cth), Connor Hogg, consumer guarantees, Damien O'Brien QC, David Mierendorff, Defective Goods, Douglas Shirrefs, Editorial, Felicity Lee, fish tanks termites and dodgy floorboards, Grab and Uber merger, Hank Spier, integrity of products' reputations, John Hedge, Michael Milnes, Peter Sise, protection of consumers under the Australian Consumer Law, Rebecca Kok, regulation in the sharing economy, Report from Asia, Report from North America, risks of anti-competitive conduct, Singaporean competition regulation, Snapshots, supply of goods in connection with supply of services, Supreme Court decision and anti-steering rules, Thomas Horatio John Cadd, Trevor Withane, unfair contract provisions in the Australian Securities and Investments Commission Act 2001 (Cth) | Leave a response

Australian Journal of Competition and Consumer Law update: Vol 26 Pt 2

By Journal Alerts on June 6, 2018

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 | Leave a response

Australian Journal of Competition and Consumer Law update: Vol 25 Pt 3

By Journal Alerts on September 18, 2017

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 | Leave a response

Australian Journal of Competition and Consumer Law update: December 2016

By Journal Alerts on November 23, 2016

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 | Leave a response

Australian Journal of Competition and Consumer Law update: December 2015

By Journal Alerts on December 9, 2015

The latest Part of the Australian Journal of Competition and Consumer Law includes the following articles: “Serving the goals of trademark owners through the Australian Consumer Law: A reflection on Google Inc v ACCC” – Althaf Marsoof; and “Exempting environmental protection boycotts from competition laws: Should purpose or public benefit be the test?” – David Goodwin; and the following sections: Defective Goods, Case Notes; Report from India; Report from North America; Benchmarks; and Book Review.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Update Summaries | Tagged Abhilasha Nautiyal, ACCC v Coles Supermarkets Australia Pty Ltd (2014) 317 ALR 73, ACCC v Coles Supermarkets Australia Pty Ltd [2015] FCA 330, ACCC v Pfizer Australia Pty Ltd (2015) 110 IPR 324, accessorial liability provisions, AdWords, AJCCL, Australian Consumer Law (ACL), Benchmarks, book review, boycotts, case notes, Christopher Pleatsikas, Competition Commission of India, competition laws, Consumer Protection, David Goodwin, Defective Goods, Director, dominant purpose test, Dr Ron Desiatnik, e-commerce, Editorial, environmental protection, exemption, Fair Work Building Industry Inspectorate v CFMEU (2015) 229 FCR 331, From Protection to Competition: The Politics of Trade Practices Reform in Australia, Google Inc v ACCC (2013) 249 CLR 435, intellectual property, Kerrie Round, Larissa Detmold, Martin Shanahan, misleading and deceptive, North Carolina Dental case, online service providers, public benefit test, Report from India, Report from North America, Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2008) 169 FCR 583, s 45DD(3) of the Competition and Consumer Act 2010 (Cth), start-ups, Swati Sharma, Thea Fabricius, therapeutic gel packs, Tom Bridges, Trade Marks Act 1995 (Cth), Trade Practices Act 1974 (Cth), trademark owner | Leave a response

Australian Journal of Competition and Consumer Law update: December 2014

By journals team on December 17, 2014

The last Part for 2014 of AJCCL includes the following articles: “Establishing accessorial liability under the Australian Consumer Law” – Stephen Lumb; and “China’s MOFCOM: Gaining in confidence and transparency” – Thomas Jones, Raquel Lapresta and Jessica Qiu; and the following sections: Access to Services; Defective Goods; Restrictive Trade Practices; Unconscionable Conduct and Codes of Conduct; Case note; Snapshots; Energy Etchings; Reflections; Commission Cameos; Report from India; and Report from North America.

Posted in Australian Journal of Competition and Consumer Law (AJCCL), Update Summaries | Tagged Abhilasha Nautiyal, Access to Services, accessorial liability, AJCCL, Andrew Reeves, Australian Consumer Law, Case Note, Christopher Pleatsikas, commercial fairness, Commission Cameos, competition regulation, Damien O'Brien, Defective Goods, Energy etchings, energy network regulation, Frank Zumbo, Hank Spier, Helen Anness, Jessica Qiu, John Duns, John Hedge, Ministry of Commerce of the People’s Republic of China, misleading and deceptive conduct, Niloufer Selvadurai, Raquel Lapresta, Reflections, Report from India, Report from North America, Restrictive trade practices, Sarah Moritz, Snapshots, Stephen Lumb, Telecommunications, Thomas Jones, Udayan Jain, Unconscionable Conduct and Codes of Conduct, wheat export terminals | 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

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