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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 27 Part 3) contains the following material

EDITORIAL

  • Boomerangs and Unconscionability

Articles

Problems Associated with Joint Expert Reports for “Hot Tubs” – Christopher Pleatsikas

The goals of “hot tubs” are admirable, particularly in circumstances where expert opinions rest on specialised knowledge, such as those of economic experts. However, those goals and that specialised knowledge may not be immediately accessible to judges or jurors, because, unfortunately, the practical application of the hot tub process too often fails to achieve the objectives for which it was devised. The objective of this article is to focus on the problems associated with joint expert reports that are an integral part of the hot tub process, particularly the problem of expert advocacy, and to suggest some measures that can be taken to ameliorate these problems. The focus is on economic experts, but many of the problems identified and the solutions proposed are applicable to a wide range of expertise. One of the most effective means of improving the process may require the imposition of a neutral arbiter into the joint report process.

Cartel Class Actions in Australia: Risks vs Rewards – Lynsey Edgar

This article considers why only five cartel class actions have been brought in Australia, and critically analyses the suggestion that the reason for the lack of cases is due to the significant hurdles which plaintiffs face in bringing a claim. The article concludes with the view that the apparent barriers for successfully pursuing cartel class action are not overly complex, and certainly not insurmountable.

ADMINISTRATION AND NATIONAL COMPETITION POLICYEditor: Frank Zumbo

  • To Substantiate or Not to Substantiate: That Is the Question Frank Zumbo and Jennifer de Witte

AUTHORISATIONS AND NOTIFICATIONSEditor: Rosannah Healy

  • Meredith Dairy’s Resale Price Maintenance Notification Annie Cao

ENFORCEMENT AND REMEDIESEditor: Sarah Russell

  • Culture of Compliance Meaning and Proof Bill Keane

CASE NOTEEditor: Christopher Hodgekiss SC

  • Good Faith in Franchising: Ultra Tune and Geowash Hit the SKIDS David Howarth and Chloe Belot

CONSUMER CONCERNS

  • How Will You Pay for That? Credit and Sales Incentives: Despite Improvements, the New Telecommunications Consumer Protection Code Inadequately Protects Consumers from Aggressive Sales Tactics Tara Stockwell

SNAPSHOTSEditors: Damien O’Brien QC and Douglas Shirrefs

  • Evidentiary Issues in Cartel Conduct Cases Damien O’Brien QC
  • Issues of Onus of Proof

ECONOMIC MATTERS

  • Electricity Retail Market Interventions: What Will Happen to Competition Alex Sundakov

REPORT FROM AFRICAEditor: Lesley Morphet

  • Competition Law Developments in Africa Lesley Morphet

WORTH REPEATING

  • Australian Competition and Consumer Commission v Flight Centre Ltd (No 3)
  • Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd
  • Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Ltd
  • Australian Competition and Consumer Commission v ACN 117 372 915 Pty Ltd (in liq)
  • Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq)
  • Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd
  • Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Ltd
  • Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq)

For the PDF version of the table of contents, click here: AJCCL Vol 27 No 3 Contents.

Click here to access this Part on Westlaw AU

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