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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 30 Part 3) contains the following material

EDITORIAL

  • COVID-19, the Australian Consumer Law and Serendipity

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Articles

When the Left Hand Does Not [Want to] Know What the Right Hand Is Doing: The Attribution and Aggregation of Corporate Knowledge in Australia – Claudia Oakeshott and Deniz Kayis

At present, there is no precedent in Australia for knowledge to be aggregated for the purpose of corporate attribution. The courts have been firm that it is not appropriate to change the character of discrete pieces of information by consolidating them into a single piece and in doing so create a guilty mind from an innocent one. Nevertheless, the courts have left open the possibility that, with the right set of facts and legislation, it may be appropriate to so aggregate knowledge. This article examines the development of the law in this area and considers the circumstances in which aggregation may prove appropriate.

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Continuing the ACL Journey – Rod Sims

This article focuses on the importance of consumer law to the Australian economy. It notes the key role played by higher penalties for Australian Consumer Law compliance, and some of the recent high penalties achieved by the Australian Competition and Consumer Commission. It then describes why changes to consumer law in relation to product safety, unfair contract terms and consumer guarantees are needed and the requirement for an unfair practices provision, as well as the case for upfront rules applying to digital platforms in relation to consumer law. Finally, it discusses the importance of regulators actively engaging in policy advocacy.

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There Is No Such Thing as a Free Lunch – Or Laptop – Ketki Kotwal

The Federal Court decision of Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 3) in proceedings brought by the Australian Competition and Consumer Commission (ACCC) and the Commonwealth of Australia (the Commonwealth), (collectively known as the Applicants), concerns contraventions of the Australian Consumer Law (ACL) in relation to the provision of vocational education courses provided by the Australian Institute of Professional Education Pty Ltd (AIPE). The Applicants alleged breaches of various sections of the ACL in relation to AIPE’s practices when marketing and enrolling students into courses, and sought declarations and pecuniary penalties accordingly. As it stands, these proceedings represent the highest penalty imposed under the ACL to date, with a record $153 million in penalties being ordered against AIPE.

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ACCESS TO SERVICES – Editor: John Hedge

  • Port of Newcastle: Scope of Arbitration Outcomes and Relevance of Historical User Contributions – John Hedge

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ENFORCEMENT AND REMEDIES – Editor: Bill Keane

  • Balance of Convenience in Merger Cases – Shane Stewart

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CASE NOTE – Editor: Christopher Hodgekiss SC

  • Competitors Frozen Out by Peters’ Exclusive Distribution Agreement: Australian Competition and Consumer Commission v Australasian Food Group Pty Ltd – Tom Bridges and Bronwen Peberdy

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SNAPSHOTS – Editor: Douglas Shirrefs

  • Trade or Commerce – The Threshold for Entry into the Realm of Misleading and Deceptive Conduct – Douglas Shirrefs

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CONSUMER CONCERNS

  • The Choice Mirage: How Australian Consumers Are Being Duped Online via Dark Patterns – Chandni Gupta

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REPORT FROM AFRICA – Editor: Lesley Morphet

  • Digital Markets and Competition on the African Continent – Lesley Morphet

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REPORT FROM LATIN AMERICA – Editor: Omar Guerrero Rodríguez

  • Introduction and Executive Summary – Omar Guerrero Rodríguez, Martín Michaus – Fernandez and Iñigo Cortina Lira

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BENCHMARKS

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For the PDF version of the table of contents, click here: Westlaw AU – AJCCL Vol 30 No 3 Contents or here: New Westlaw Australia – AJCCL Vol 30 No 3 Contents

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