The latest issue of the Australian Journal of Competition and Consumer Law (Volume 20 Part 3) contains the following material:

EDITORIAL

  • Nothing is simple anymore: Obtaining default judgment

Articles

The AFL, the joint venture defence and single economic entity theory Paul A Czarnota

The Australian Football League (AFL) relies on its ability to generate revenue from the “pooling” of broadcasting, merchandise and sponsorship rights by all licensed AFL clubs to effect a level of financial equality throughout the league by virtue of its revenue-sharing arrangements, which in turn allow it to create a marketable competition. This article will focus on whether the aforementioned pooling arrangements contain exclusionary provisions in contravention of s 45 of the Competition and Consumer Act 2010 (Cth), and if so, what defences are available to the AFL. The article contends that it should more properly be open to the AFL to claim immunity from s 45 pursuant to the single economic entity theory, as opposed to being classified as a joint venture and relying on the joint venture defence contained in s 76C of the Act.

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ACCC priorities in enforcing competition law Rod Sims

This is an abridged text of a speech given by the Chairman of the Australian Competition and Consumer Commission, Rod Sims, at the 2012 Competition Law Conference, in Sydney on 5 May 2012.

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Understanding the ACCC’s NBN Co/Optus authorisation decision and its implications Rod Sims

The Australian Competition and Consumer Commission’s recent authorisation of the agreement between NBN Co and Optus has generated much comment. This short article from the Chairman provides an overview of how and why the Commission reached its decision, and examines both the public benefits and detriments resulting from the authorisation, and its long-term implications.

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Sections

ACCESS TO SERVICES

  • To deem or not to deem? Bypassing the declaration process under Pt IIIA for aeronautical services – Ben Mee and Mitch Riley

ADMINISTRATION AND NATIONAL COMPETITION POLICY

  • Mandatory industry codes of conduct: The next frontier – Frank Zumbo

CONSUMER PROTECTION

  • Internet search engines and misleading or deceptive conduct: Shooting the messenger – Bernard McCabe

DEFECTIVE GOODS

  • Vioxx loses its appeal, wooden joist certified A.S. grade fails, and batteries explode causing burns – Larissa Detmold

CASE NOTE

  • Think smaller: Full court reduces Optus’s penalty for misleading advertising – Mitch Riley and Ben Mee

SNAPSHOTSDamien O’Brien and Doug Shirrefs

REFLECTIONS

  • The Australian Consumer Law and the conflict of laws – JLR Davis

ECONOMIC(S) MATTERS

  • Competition and information – Alex Sundakov

REPORT FROM ASIA

  • Hong Kong adopts its Competition Ordinance – Clara Ingen-Housz

REPORT FROM NEW ZEALAND

  • New Zealand moves closer to cartel criminalisation – Debra Wilson

WORTH REPEATING

For the pdf version of the table of contents, click here: AJCCL Vol 20 Pt 3 Contents.

Click here to access this Part on Westlaw AU