Category: Competition and Consumer Law
An overview of recent legislation and case law which has impacted the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law civil penalty regimes.
The parties had jointly proposed an agreed pecuniary penalty of $75 million, which the Federal Court held was manifestly inadequate and ordered a penalty of $125 million. This was upheld by the Full Court and the High Court declined to grant special leave to appeal.
The Court of Appeal in this case upheld the finding of misleading or deceptive conduct against the vehicle manufacturer and dealership. This was in circumstances of full compliance with regulations requiring a fuel consumption label displaying test results to be affixed to vehicles at the point of sale.
This note summarises last year’s High Court decision in Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty Ltd (2021) 395 ALR 209 which finally determined the fee dispute between Glencore and the Port of Newcastle’s private operator.
The Federal Court imposed harsh penalties against a solar panel business because its door-to-door selling methods and marketing campaign seriously contravened the Australian Consumer Law. The case has ignited law reform in the Victorian energy and solar market.
Three world-class swimmers and the International Swimming League have commenced proceedings in California against FINA to prevent it from banning swimmers, who compete in “non-authorised” swimming events, from competing at the Olympics.
On 8 December 2020, the High Court of Australia dismissed the ACCC’s application for special leave to appeal the decision of the Full Court of the Federal Court that Pacific National’s (PN) acquisition of the Acacia Ridge terminal (Terminal) from Aurizon would not be likely to substantially lessen competition.
When competition and criminal law collide. This case note discusses the interlocutory appeal in Country Care Group v CDPP, in which the Full Court of the Federal Court considered the complexity of criminal prosecutions for cartel offences and the need to direct juries about alternative pathways to conviction.
The Full Court of the Federal Court’s recent decision on Pacific National’s proposed acquisition of the Aurizon’s Acacia Ridge rail terminal sheds light on the interpretation and application of s 50 of the Competition and Consumer Act 2010 (Cth), and the use of undertakings in merger litigation.
This note examines current issues in the application of competition law to non-horizontal mergers, with particular reference to the recent decision of the Federal Court in the Pacific National case, and the arguments raised in the appeal to the Full Court.
For ACL buffs, Treasury’s current Consultation Regulation Impact Statement is a doozy. Reading between the lines, it seems to suggest that unfair contract terms may soon be outlawed once and for all.
Allsop CJ has given helpful tips to practitioners tasked with the job of drafting a concise statement in a banking case concerning statutory claims having an equitable character.
The High Court recently split on the test for statutory unconscionability, as well as deeper questions about whether vulnerable consumers can (or should be allowed to) consent to exploitative arrangements and how mainstream Australian culture interacts with indigenous cultures and norms.
A contractual provision which had the effect of excluding liability for damages for misleading or deceptive conduct under s 236 of the Australian Consumer Law if the complainant failed to give a notice of the proposed claim within a prescribed time limit was found to be unenforceable. Such a provision was also found to be ineffective in a “no transaction” case.