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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 26 Part 4) contains the following material:

EDITORIAL

Articles

Regulation in the Sharing Economy: The Sharing Economy: The Modern Consumer’s Challenge – Connor Hogg

Every day over five million people take a trip they booked through Uber and are able to stay in one of the two million properties listed on Airbnb. While these services have become increasingly popular in the last few years, it remains unclear as to whether, under the Australian Consumer Law, consumers are adequately protected when using them. Waiting for the first major incident or tragedy to spark law reform or litigation is a lacklustre approach in relation to an increasingly popular type of consumer transaction. Without adequate reform, achievement of the vital balance between promoting economic activity and innovation, while ensuring consumers are adequately protected, remains uncertain.

Blockchain: Issues in Australian Competition and Consumer Law – Michael Milnes

Blockchain is an emerging technology with potential applications across a wide range of economic activities and which will increasingly raise issues for competition law and policy. This article explores the blockchain concept from the perspective of Australian competition and consumer law. It considers the benefits of blockchain technology in light of the object of the Competition and Consumer Act 2010 (Cth) and the specific risks of anti-competitive conduct that may arise under Australian law from the use of blockchain. It also identifies some of the challenges and opportunities that are likely to arise during investigation and enforcement action relating to blockchain-related applications.

Can a Big Business Avail Itself of the Unfair Contract Term Provisions in the Australian Consumer Law? – Peter Sise

The unfair contract provisions in the Australian Securities and Investments Commission Act 2001 (Cth) and Australian Consumer Law have applied to “small business contracts” since 12 November 2016. It is unclear from the definition of “small business contract” whether a large business can avail itself of the protection that these provisions provide.

ACCESS TO SERVICESEditor: John Hedge

  • All the Way with Criterion (A) – Analysing the New Competition Criterion David Mierendorff and Rebecca Kok

DEFECTIVE GOODSEditor: Thomas Horatio John Cadd

  • Fish Tanks, Termites and Dodgy Floorboards THJ Cadd

CASE NOTEEditor: Christopher Hodgekiss SC

  • ACCC v Yazaki: Record-Breaking Penalty Puts Harness on Cartel Conduct Felicity Lee

COMMISSION CAMEOSBy Hank Spier

  • “Secret” Competition Law Exemptions

SNAPSHOTSEditors: Damien O’Brien QC and Douglas Shirrefs

  • Consumer Guarantees – Where Goods Are Supplied in Connection with the Supply of Services Douglas Shirrefs

REPORT FROM ASIAEditor: Andrew Christopher

  • Grab/Uber: Singaporean Competition Regulator Intervenes in Unnotified Merger Trevor Withane and Alan Ngo

REPORT FROM NORTH AMERICAEditor: Christopher Pleatsikas

  • The Supreme Court Decision and Anti-steering Rules Christopher Pleatsikas

For the PDF version of the table of contents, click here: AJCCL Vol 26 No 4 Contents.

Click here to access this Part on Westlaw AU

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