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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 29 Part 2) contains the following material
- An Appeal to Feelings
In traditional forms of advertising, celebrities were often used to promote goods and services, particularly in the areas of fashion and beauty. However, the emergence of social media has dramatically transformed this advertising industry. Social media influencers are the new celebrities guiding consumer behaviours and choices. While social media marketing has been the subject of extensive scholarly consideration, the legal liability of social media influencers has been the subject of limited academic discourse. This article will examine whether consumers’ rights are effectively protected by implementation of Australian laws in the social media environment. It focuses on the employment status of influencers so as to analyse the adequacy of applying liability theories to any misleading advertising by them. It will then explore a number of enforcement measures and available litigation avenues for consumers to utilise in protecting their rights.
Reviewing Concerted Practices and Misuse of Market Power – Arihant Agarwal
The 2015 Harper Review suggested a plethora of amendments that should be made to the Competition and Consumer Act 2010 (Cth). The positive response from the government was followed by making amendments to the Act in 2017 that implemented a lot of those suggestions. Among them were the introduction of “concerted practices” in s 45 and a drastic change in the method to adjudge misuse of power in s 46. In this article, the author examines these amended provisions and details the possible implementation and enforcement concerns that can develop around them. While those amendments have been brought about to enforce a stronger competition regime, the effects might not necessarily be as desired.
CONSUMER PROTECTION – Editor: Bernard McCabe
- The Assessment of Damages Involving Counterfactual Analysis: Guidance from the High Court – Rebecca Bunting
UNCONSCIONABLE CONDUCT AND CODES OF CONDUCT – Editor: Deniz Kayis
- Mandatory Industry Codes and Digital Markets – Deniz Kayis
CASE NOTE – Editor: Christopher Hodgekiss SC
- Criminal Cartel Conduct: Chartered Waters for Wallenius – Louise Moussa
- The Australian Competition Tribunal in 2020 – Tim Luxton
SNAPSHOTS – Editor: Douglas Shirrefs
- A Short Point but a Good One – Agreed Civil Penalties Engage the Court’s Discretion – Douglas Shirrefs
LANDMARKS – Editor: Christopher Hodgekiss SC
- Enduring Implications for Competition Law Issues in the Modern Data Economy: Lessons from Re ASX Operations Pty Ltd and Pont Data Australia Pty Ltd – Mei Gong and Ayman Guirguis
REPORT FROM LATIN AMERICA – Editor: Omar Guerrero Rodríguez
REPORT FROM NEW ZEALAND – Editor: Lindsay Trotman
- The Supreme Court of New Zealand on Price-Fixing – Lindsay Trotman and Matthew Berkahn
- Australian Consumer Law: The Comprehensive Guide, by Adrian Coorey
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