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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 28 Part 1) contains the following material

EDITORIAL

  • How should the Passengers on the Clapham Omnibus act Today?

Articles

Dealing with Multi-sided Platforms and the Digital Economy – Rod Sims

This article addresses some of the significant challenges the ACCC faces in implementing competition and consumer law. In particular it looks at the growing expectations of what competition and consumer law can achieve, as well as the challenges of analysing the competitive effects of conduct of multi-sided platforms, and in implementing merger law for digital platforms and the Commission’s thinking on these matters.

Avoiding Liability under the Competition and Consumer Act 2010 (Cth) – Dyson Heydon

Can one party to a contract exclude its liability to another party to that contract for misleading or deceptive conduct? The article discusses authorities throwing up instances where a contractual clause may negate the allegedly misleading or deceptive character of conduct; or may negate the first contracting party’s responsibility for the conduct of another person; or may negate reliance. The article also discusses the oft-repeated contention that the statutes prohibiting misleading or deceptive conduct are public policy statutes, and that it is necessary to treat clauses excluding them as illegal in that they are against public policy. The article argues that the reasoning underlying these ideas has never been fully or critically analysed, and that if it were the outcome could be different.

AUTHORISATIONS AND NOTIFICATIONSEditor: Rosannah Healey

  • AP Eagers Limited’s Merger Authorisation Yuki Sugawa

TELECOMMUNICATIONSEditor: Niloufer Selvadurai

  • The Digital Platforms Inquiry Final Report: An Analysis of the Proposed Reforms to Competition Law Holly Raiche

CASE NOTEEditor: Christopher Hodgekiss SC

  • Bid Rigging and the Joint Venture Defence: New Horizons after Cascade Coal Rahul Arora and Jessie Zhang

LANDMARKSEditor: Christopher Hodgekiss SC

  • Arnotts Ltd v Trade Practices Commission Amy Campbell

SNAPSHOTSEditors: Damien O’Brien QC and Douglas Shirrefs

  • Misleading and Deceptive Conduct Knowledge of Procedure and Lessons from Houghton v Arms Douglas Shirrefs

REPORT FROM NEW ZEALANDEditor: Debra Wilson

  • The “Most Complained about Trader of 2018”: The Commerce Commission Begins Enforcement Action against Viagogo over Online Ticket Reselling Debra Wilson

REPORT FROM ASIAEditor: Andrew Christopher

  • Hong Kong’s Competition Commission Succeeds in Landmark Competition Cases Ian Fernandes and Bronwen Peberdy

Report from North AmericaEditor: Christopher Pleatsikas

  • Recent Developments in Antitrust Oversight of Digital Platforms in the United States Christopher Pleatsikas

For the PDF version of the table of contents, click here: AJCCL Vol 28 No 1 Contents.

Click here to access this Part on Westlaw AU

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