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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 29 Part 1) contains the following material

EDITORIAL

  • The ACL and Witness Protection

Articles

When a Seemingly Anti-competitive Merger Is Actually Better for the Market; Vodafone v ACCC – Ketki Kotwal

This article discusses the decision relating to a merger, through the acquisition by Vodafone Hutchison Australia Pty Limited of all the ordinary shares in TPG Telecom Limited, under s 163A of the Competition and Consumer Act 2010 (Cth). In particular, it considers the “counterfactual” vs the commercial reality presented by the parties should the merger proceed. This judgment raises some interesting questions over when a merger is not only permissible, but also beneficial to competition, despite two of the entities in the proposed merger also being prominent competitors in the market.

Australian Open Banking: The Regulatory Dilemma of Balancing Different Policy Objectives – Suman Podder

The Australian Government has recently enacted the “Consumer Data Right” legislation. The application of Consumer Data Right to the banking sector is commonly known as “Open Banking”. Under Open Banking customers are given an option to share their data held by the incumbent banks with other accredited entities. This article explores the reasons for implementing Open Banking in Australia and considers both the benefits that can be enjoyed by the customers and risks that can be exacerbated by this data-sharing regime. Mainly this article focuses on the regulatory dilemma of balancing the policy objectives of the Consumer Data Right legislation when it is implemented as Open Banking.

AUTHORISATIONS AND NOTIFICATIONSEditor: Rosannah Healy

  • ACCC Revokes Stanley Black and Decker’s Resale Price Maintenance Notification Nicholas Felstead

TELECOMMUNICATIONSEditor: Niloufer Selvadurai

  • Competition and Digital Platforms: The Third Instalment Holly Raiche

CASE NOTESEditor: Christopher Hodgekiss SC

  • Double Trouble: Unregulated Credit and Unsolicited Sales in the Residential Solar Panel Market – The Decision of Application by Flexigroup Ltd (No 2) – Amanda Storey
  • New Zealand Supreme Court Not Sold on Conscious Parallelism: Lodge Real Estate Ltd v Commerce Commission [2020] NZSC 25 Chris Whelan

CONSUMER CONCERNS

  • The Internet of Things and the Consumer Safeguards Gap Stephanie Whitelock

REPORT FROM ASIAEditor: Andrew Christopher

  • Update on the Development of Merger Control in Asia Pornapa Luengwattanakit, Maria Christina J Macasaet-Acaban, Yee Chung Seck, Wendy Thian and Georgina Foster

REPORT FROM NORTH AMERICAEditor: Christopher Pleatsikas

  • The Canadian Vancouver Airport Authority Abuse of Dominance Case Andy Baziliauskas

For the PDF version of the table of contents, click here: AJCCL Vol 29 No 1 Contents.

Click here to access this Part on Westlaw AU

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