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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 29 Part 4) contains the following material

EDITORIAL

  • Unconscionable Conduct – Quo Vadis?

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Articles

Unconscionable Conduct: An Unconscionably High Standard? An Assessment of whether an Unfair Trading Practices Prohibition Should Be Introduced to Capture Conduct Engaged in By Digital Platforms – Kate French

The Australian Competition and Consumer Commission (ACCC) has in recent years revived its call for amendments to the Australian Consumer Law to introduce a prohibition on “unfair trading practices”. The ACCC is particularly concerned that the high threshold for establishing unconscionable conduct has resulted in a number of business practices said to be engaged in by digital platforms which may cause harm to consumers remaining unregulated. However, an assessment of the conduct the ACCC has claimed does not fall under existing prohibitions indicates that there is unlikely to be a justification for amending or introducing a new prohibition for unfair practices, given the other consumer law prohibitions which can capture the conduct of concern.

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Antitrust Economic Principles and Intellectual Property Licensing Fees – Christopher Pleatsikas

The principles for determining intellectual property licensing fees, particularly in a litigation context, have often been somewhat vague and, consequently, lack rigour. Antitrust economic principles have significant applicability to this issue. Furthermore, applying these principles can inject considerable structure into the process. In this article some basic economic principles from antitrust economics are utilised as well as broader economic efficiency considerations, to develop a set of economic principles that can help guide the search for intellectual property licensing fees that satisfy the willing buyer/willing seller standard that is often used as a benchmark.

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ADMINISTRATION AND COMPETITION POLICYEditor: Dr Luke Wainscoat

  • Assessing a Merger Control Regime: Relevant Factors Dr Luke Wainscoat

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AUTHORISATIONS AND NOTIFICATIONSEditor: Rosannah Healy

  • Country Press Australia’s Collective Bargaining Notification Holly Cao

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DEFECTIVE GOODSEditor: T H J Cadd

  • Defective Medical Devices, Defamatory Statements about Alleged Defects, and Retaining Walls and Paving Make a Lot of Appellate Work T H J Cadd

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RESTRICTIVE TRADE PRACTICESEditor: Julie Clarke

  • Reforming Australia’s Merger Regime Julie Clarke

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CASE NOTEEditor: Christopher Hodgekiss SC

  • Profits, Policy and Privatisation: What the Federal Court’s Decision in the NSW Ports Case Means for Private Companies Bidding for State-owned Infrastructure Assets Rachel White

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ENERGY ETCHINGS

  • AER Year in Review Committed to Making Energy Consumers Better Off, Now and in the Future Australian Energy Regulator

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COUNCIL CONSIDERATIONS

  • The Council’s Work during 20202021 Malika Bouhafs

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COMMISSION CAMEOS

  • To Merge or Not to Merge What Is the Answer? – Hank Spier

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CONSUMER CONCERNS

  • Grounded: Consumer Experiences of Travel Cancellations throughout the COVID-19 Pandemic and the Case for Reform Alison Elliott

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REPORT FROM CHINAEditor: Sharon Henrick

  • SAMR’s Approach for Merger Review in Digital Sector Sharon Henrick, Liu Cheng and Mengzhen Wang

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REPORT FROM INDIAEditor: Pravin Anand

  • Major Developments in Competition Law in 20202021Vaishali Mittal and Siddhant Chamola

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REPORT FROM RUSSIAEditor: Evgeny Khokhlov

  • Russian Antitrust Enforcement in Digital Markets: Cases Brought By the FAS of Russia against Booking.com and Apple Evgeny Khokhlov and Anna Zabolotnykh

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For the PDF version of the table of contents, click here: Westlaw AU – AJCCL Vol 29 No 4 Contents or here:  New Westlaw Australia – AJCCL Vol 29 No 4 Contents.

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