Overview of developments in competition, antitrust and consumer law in Australia expected over the next 12 months. The presentation covers developments at the ACCC, status of the Harper Competition Reforms, substantive competition litigation, developments under the Australian Consumer Law, and other developments to note
Merger review - International insights - April 2016Martyn Taylor
A comparison between merger review in the United States, European Union, United Kingdom, New Zealand and Australia (adopting an Australian perspective)
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
On 25 September, Michael Jerabek from the Australian Competition and Consumer Commission addressed the MDCC about such topics as small businesses & the Competition and Consumer Act, advertising & selling, social media and much more.
This presentation by CUTS’ SG Pradeep S Mehta was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Competition Commission South Africa was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the World Bank was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
Merger review - International insights - April 2016Martyn Taylor
A comparison between merger review in the United States, European Union, United Kingdom, New Zealand and Australia (adopting an Australian perspective)
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
On 25 September, Michael Jerabek from the Australian Competition and Consumer Commission addressed the MDCC about such topics as small businesses & the Competition and Consumer Act, advertising & selling, social media and much more.
This presentation by CUTS’ SG Pradeep S Mehta was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Competition Commission South Africa was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the World Bank was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the Latvian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the Philippine Competition Commission was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Allan FELS AO (Professor, University of Melbourne, Monash & Oxford and former Chair of the Australian Competition and Consumer Commission) was made during the session on Competition in public markets held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/28n
This presentation by Mario Umaña of the Inter-American Development Bank was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Miguel de la MANO, Executive Vice President of Compass Lexecon, was made during the discussion “Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis” held at the 64th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2017. More papers and presentations on the topic can be found out at oe.cd/284.
This presentation by François-Charles LAPRÉVOTE, Partner, Cleary Gottlieb Steen & Hamilton LLP, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
Presentation to the Asia Pacific Fuel Industry Forum on the development of fuel industry competition in Australia and the role of generic competition law
This presentation by Enrique VERGARA (President of the Competition Tribunal of Chile) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
Competition Law awareness and enforcement are increasing day by day. Long-term, sustainable growth of big organization, corporation and companies warrants attention to competition law while strategising their growth.
This presentation by the Georgian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by UNCTAD was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Ellen CREIGHTON, Assistant Deputy Commissioner, Competition Bureau, Canada, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
This presentation by Donghwan SHON ( Presiding Judge of Goyang district court of Korea) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
A half hour CLE slide show presentation to law students and also intended for new lawyers, explaining tips and practices on how to make a living handling Consumer Law cases in the United States, presented at the University of Houston Law Center in 2012.
This presentation by the Latvian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by the Philippine Competition Commission was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Allan FELS AO (Professor, University of Melbourne, Monash & Oxford and former Chair of the Australian Competition and Consumer Commission) was made during the session on Competition in public markets held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/28n
This presentation by Mario Umaña of the Inter-American Development Bank was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Miguel de la MANO, Executive Vice President of Compass Lexecon, was made during the discussion “Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis” held at the 64th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2017. More papers and presentations on the topic can be found out at oe.cd/284.
This presentation by François-Charles LAPRÉVOTE, Partner, Cleary Gottlieb Steen & Hamilton LLP, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
Presentation to the Asia Pacific Fuel Industry Forum on the development of fuel industry competition in Australia and the role of generic competition law
This presentation by Enrique VERGARA (President of the Competition Tribunal of Chile) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
Competition Law awareness and enforcement are increasing day by day. Long-term, sustainable growth of big organization, corporation and companies warrants attention to competition law while strategising their growth.
This presentation by the Georgian Competition Authority was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by UNCTAD was made during Break-out Session 3: Creating Legitimacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
This presentation by Ellen CREIGHTON, Assistant Deputy Commissioner, Competition Bureau, Canada, was made during the discussion “Competition provisions in trade agreements” held at the 18th meeting of the OECD Global Forum on Competition on 5 December 2019. More papers and presentations on the topic can be found at oe.cd/cpta.
This presentation by Donghwan SHON ( Presiding Judge of Goyang district court of Korea) was made during the discussion “Judicial perspectives on competition law” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/jpcl.
A half hour CLE slide show presentation to law students and also intended for new lawyers, explaining tips and practices on how to make a living handling Consumer Law cases in the United States, presented at the University of Houston Law Center in 2012.
Predatory buying to corner a market: ACCC v Cement AustraliaMartyn Taylor
Case note for Australian Journal of Competition & Consumer Law (AJCCL) – 1 March 2014 on Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2013] FCA 909
EXPERTS’ REPORT ON NATIONAL ICT POLICY PHASE 2 REFORMS - PAPUA NEW GUINEA - M...Martyn Taylor
Experts report prepared by Freehills and Concept Economics in March 2009 in relation to Phase 2 of the telecommunications sector reforms in Papua New Guinea. The second of two experts reports released into the public domain. The documents are useful given their comprehensive coverage of telecommunications sector reform, including identifying international best practice in relation to developing nations.
The greatest Australian competition reforms in 20 years?Martyn Taylor
The Australian Commonwealth Government announced in December 2013 that it will undertake a fundamental review of Australian competition policy. This review is colloquially known as the ‘root and branch’ review. The Review will involve the most comprehensive consideration of Australia’s competition and regulatory framework in 20 years.
Competition Law in High Technology Industries - Insights for AustraliaMartyn Taylor
Digital disruption is blowing a Schumpeterian gale of creative destruction throughout the global economy. These winds of change are delivering substantial increases in consumer welfare. The glowing glass screen of a smartphone enables us to access the library of all human knowledge. We can order any imaginable good or service; literally at our fingertips.
Yet competition challenges are arising. Firms bearing the brunt of digital disruption are seeking regulatory protection. Those firms riding the winds of change are achieving concerning levels of global market power. Global debate is occurring regarding the extent to which regulatory intervention is appropriate. The resulting level of political concern is partly evidenced by the inclusion of digital technology in Australia’s Harper Competition Review.
This paper considers unique competition issues raised by high technology industries with a particular focus on software-driven digital platforms. This paper argues that Australian competition law strikes an appropriate balance between preserving competition and promoting innovation, but continued prioritisation of high technology markets by Australian regulators and policy-makers is justified. High technology markets are as susceptible to anti-competitive behaviour as any other markets and, in some areas, particularly so.
As part of this analysis, this paper considers global trends and recent developments, particularly in the United States and European Union. In that context, this paper considers how modern competition law is now seeking to address complex questions of dynamic efficiency, innovation markets and cross-border e-commerce. This paper seeks to identify insights for Australian competition law and policy in light of the recent Harper Competition Review. Finally, this paper concludes with a number of observations, including future challenges in regulating digital platforms.
EXPERTS’ REPORT ON NATIONAL ICT POLICY PHASE 2 REFORMS - PAPUA NEW GUINEA - F...Martyn Taylor
Comprehensive experts report prepared by Freehills and Concept Economics in February 2009 in relation to Phase 2 of the telecommunications sector reforms in Papua New Guinea. The first of two experts reports. The documents are useful given their comprehensive coverage of telecommunications sector reform, including identifying international best practice in relation to developing nations.
Status of Australian Privatisations - October 2016Martyn Taylor
Overview of the status of the various privatisations of Commonwealth and State assets proposed in Australia as at October 2016 with a focus on infrastructure
NSW Electricity Privatisation - Privatisation of Electricity Networks, NSW, A...Martyn Taylor
In June 2014, the State Government in New South Wales (NSW) announced that it intends to privatise the NSW electricity networks. This briefing note sets out the likely structure of the privatisation and identifies some key issues.
Privatisation of Port of Melbourne, AustraliaMartyn Taylor
In its Budget on 6 May 2014, the State Government of Victoria confirmed that it would privatise the Port of Melbourne in Australia. We expect significant investor interest. This briefing note sets out our understanding of the proposed privatisation.
Contents:
- Overview of the Port of Melbourne
- Timetable for privatisation
- Political context to the privatisation
- Scoping study and differences in approach
- Transaction structure
- Likely sale price
- Preliminary issues
- Expansion of the Port and development of a second port
- Regulatory clearances for bidders
- State-based regulation of Port charges
- Commonwealth-based regulation of Port charges
- Other issues to be considered in due diligence
- Our team
Telecoms spectrum licensing - regulation of radiofrequency spectrumMartyn Taylor
Presentation on the regulation of radiofrequency spectrum used for mobile telecommunications. What is spectrum ? How is it regulated ? What are the key commercial issues ?
Засідання Комітету АПУ з питань телекомунікацій, інформаційних технологій та Інтернету і комітету IT-права Lviv IT Cluster «Особливості укладення зовнішньо-економічних договорів у сегменті ІТ», 14 травня 2016 року, м. Львів
Competition Law in High Technology Industries - Insights for Australia (Slides)Martyn Taylor
SLIDES TO MATCH PAPER IN OTHER SLIDESHARE
Digital disruption is blowing a Schumpeterian gale of creative destruction throughout the global economy. These winds of change are delivering substantial increases in consumer welfare. The glowing glass screen of a smartphone enables us to access the library of all human knowledge. We can order any imaginable good or service; literally at our fingertips.
Yet competition challenges are arising. Firms bearing the brunt of digital disruption are seeking regulatory protection. Those firms riding the winds of change are achieving concerning levels of global market power. Global debate is occurring regarding the extent to which regulatory intervention is appropriate. The resulting level of political concern is partly evidenced by the inclusion of digital technology in Australia’s Harper Competition Review.
This paper considers unique competition issues raised by high technology industries with a particular focus on software-driven digital platforms. This paper argues that Australian competition law strikes an appropriate balance between preserving competition and promoting innovation, but continued prioritisation of high technology markets by Australian regulators and policy-makers is justified. High technology markets are as susceptible to anti-competitive behaviour as any other markets and, in some areas, particularly so.
As part of this analysis, this paper considers global trends and recent developments, particularly in the United States and European Union. In that context, this paper considers how modern competition law is now seeking to address complex questions of dynamic efficiency, innovation markets and cross-border e-commerce. This paper seeks to identify insights for Australian competition law and policy in light of the recent Harper Competition Review. Finally, this paper concludes with a number of observations, including future challenges in regulating digital platforms.
MVNOs and mobile resellers - Commercial and regulatory issuesMartyn Taylor
An overview of the commercial and regulatory issues facing MVNOs and mobile resellers with a particular focus on the Asia-Pacific region, using Singapore as a case study
Presentation by Australia's Department of the Prime Minister and Cabinet at the 8th Conference on Measuring Regulatory Performance: Realising Impact: The Role of Institutional Frameworks in Regulatory Policy, which took place in Sydney 15-16 June 2016. Further information is available at www.oecd.org/gov/regulatory-policy/measuring-regulatory-performance.htm.
Presentation by Australia's Department of the Prime Minister and Cabinet at the 8th Conference on Measuring Regulatory Performance: Realising Impact: The Role of Institutional Frameworks in Regulatory Policy, which took place in Sydney 15-16 June 2016. Further information is available at www.oecd.org/gov/regulatory-policy/measuring-regulatory-performance.htm.
For our March edition of public matters:
• Steven Brunning summarises the main points of the new public procurement regime and provides a summary of the latest case on lifting the automatic suspension in relation to procurement challenges
• Anja Beriro explores the latest public procurement policy notes issued by the Cabinet Office
• Neil Walker provides two interesting articles on some important property related cases.
In this edition of Regulatory Focus, Duff & Phelps provides a synopsis of the FCA's latest news and publications issued in May 2017.
Highlights include:
MiFID II Topics and Challenges
FCA's increased focus on cyber resilience
Guidance on the Criminal Finances Act 2017
This presentation by Deborah Jane HEALEY, Professor, UNSW Sydney, was made during the discussion “The promotion of competitive neutrality by competition authorities” held at the 20th meeting of the OECD Global Forum on Competition on 8 December 2021. More papers and presentations on the topic can be found out at oe.cd/pcnca.
Join senior members from the OECD's Centre for Tax Policy and Administration (CTPA) as they give the latest update on the OECD/G20 BEPS Project.
Topics covered:
- Progress report on the BEPS deliverables
- Discussion drafts and public consultations (consult the updated calendar)
- Developing countries’ engagement and input
- Schedule for release of finalised BEPS package
Developments in the TMT Sector - Current trends & emerging legal issuesMartyn Taylor
Presentation on developments in the TMT sector given to the "Technology, Media & Telecommunications: Challenges & Opportunities" seminar in March 2017 in Sydney
Content:
- Software eats the world - global disruption caused by digital platforms
- Technology - Big Data - legal issues in data security and sovereignty
- Media - disruption to content business models and recent law reforms
- Telecoms - the outlook to 5G mobile and the future of next generation networks
- Emerging legal issues in particular sectors - fintech, smart grid, transport
Telecoms in a convergent world - Emerging issuesMartyn Taylor
Telecommunicationss in a convergent world; Big data and its implications; M2M and the Internet of Things; Digital content and video streaming; Growing use of strategic alliances
Infrastructure regulation - exploring the key models (Australia)Martyn Taylor
Slide presentation to infrastructure regulation conference in Sydney, Australia:
•Insights into different regulatory models used in Australia
•Relationship between Commonwealth and State regulation
•Current issues and regulatory trends
•Importance of the Regulatory Asset Base and WACC
•Impact of regulation on infrastructure cash flows
MVNOs & M2M (Machine to Machine) - Mobile telecommunications in 2015Martyn Taylor
Presentation on mobile virtual network operators (MVNO) and machine to machine (M2M) and in the context of mobile telecommunications. Explanation of business models; overview of legal and regulatory issues; case studies. Updater version of March 2014 presentation
M2M (Machine to Machine) & MVNOs - Mobile telecommunications in 2014Martyn Taylor
Presentation on machine to machine (M2M) and mobile virtual network operators (MVNO) in the context of mobile telecommunications. Explanation of business models; overview of legal and regulatory issues; case studies
Obtaining Australian merger and acquisition clearances in 2012Martyn Taylor
An overview of the current issues and methodology for obtaining a merger and acquisition clearance from the Australian Competition and Consumer Commission in Australia.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
The Main Procedures for Obtaining Cypriot Citizenship
Competition and Consumer Law Update: Every cloud has a silver lining...
1. Competition and Consumer Law Update
Every cloud has a silver lining…
Dr Martyn Taylor
Partner
March 2016
2. Overview
• Developments at the ACCC
• Status of the Harper Competition Reforms
• Substantive competition litigation under Part IV
• Developments under the Australian Consumer Law
• Other developments to note… and expect !
Whether the ACCC wins or loses… we get greater legal clarity & certainty
2
4. 4
How the ACCC works in practice…
• The ACCC comprises an independent statutory Commission of
eight Members and four Associate Members.
• The Commission is supported by around 700 staff structured into a
number of Divisions and Groups.
• Possible breaches of competition law come to the ACCC’s
attention through complaints and information from members of the
public, the media, staff and other agencies.
• The staff of the ACCC are responsible for investigating anti-
competitive conduct and making recommendations to the
Commission via a ‘staff paper’.
• ACCC decisions are made through formal Commission meetings.
Only the Commission may decide to commence legal proceedings.
• The relevant sub-committee of the Commission considers the staff
paper and makes decisions, escalating to the full Commission if
necessary for matters of high importance or complexity.
Enforcement
Committee
Enforcement
& Compliance
Group
Full
Commission
Commission
Staff
5. Staffing changes at the ACCC
• Budgetary pressures have impacted the ACCC
– Pressures on ACCC’s $175m budget have lead to reductions in staff
– Restructuring of the organisation and streamlining of various teams
• Rod Sims is in the final year of his current 5 year tenure
– ACCC has taken a tough and strategic approach to enforcement.
Prepared to litigate more frequently, even when success is not assured
– Emphasis on high quality and principled decision-making, but also a
focus on ensuring that decisions are pragmatic and more commercially
nuanced (a legacy of the Metcash decision)
• Appointment of ACCC’s first chief economist in late 2015
– Sound economics will continue to underpin ACCC decisions; promoting
transparency and predictability
• Appointment of new ‘Agricultural Commissioner’ in 2016
5
Chairman
Rod Sims
Deputy Chair
Delia Rickard
Deputy Chair
Michael Schaper
Commissioner
Christina Cifuentes
Commissioner
Sarah Court
Commissioner
Roger Featherston
Commissioner
Jill Walker
Commissioner
Mick Keogh
and Four Associate Members
7. ACCC’s enforcement priorities for 2016-17
Enduring priorities
• Cartel conduct
• Misuse of market power
• Anti-competitive agreements and
practices
• Product safety issues
• Consumer issues affecting indigenous
consumers
Strategic priorities
• Agricultural sector
• Health and medical sector
• Government procurement
• Small business
• Consumer products
• Vulnerable consumers
7
Each year, the ACCC prioritises its enforcement activity within its budgetary constraint based
on those sectors and behaviours it considers are most deserving of regulatory attention.
9. What was the Harper Review ?
• First comprehensive competition review in 20 years
– Policy concern regarding declining Australian productivity
– Hilmer Reforms in 2006 delivered strongest growth rates in OECD
– Previous reviews had limited terms of reference (eg Dawson Review 2003)
– Extensive consultation occurred under very broad Terms of Reference
• Ambitious 12 month timeline
– Liberal party 2013 election campaign pledged ‘root and branch’ review
– Sweeping Terms of Reference released in March 2014, followed by
appointment of panel members
– Issues paper released April 2014, leading to around 350 submissions
– Draft report released September 2014
– Final report released March 2015
– Government response released November 2015
9
Chairman
Ian Harper
Panel member
Peter Anderson
Panel member
Su McCluskey
Panel member
Michael O’Bryan
10. Reforms to competition policy
10
Competition principles
New overarching competition principles will be adopted by the Australian commonwealth,
state and territory governments within the existing National Competition Policy (NCP)
under COAG.
Now
Role of government
The new NCP will include updated competitive neutrality principles, including a
requirement for each COAG government to have an independent complaint body.
Soon
Regulatory reviews and
restrictions
Federal competition payments may encourage states and territories to reduce regulation
in priority areas.
Reforms will target excessive planning regulation, retail trading hour restrictions, and
pharmacy ownership and location rules.
Later
Parallel importing
The government will remove restrictions on the parallel importing of books.
Announced reforms will allow greater importing of used motor vehicles from 2018.
Now
Human services
The Productivity Commission will consider competition principles in the delivery of health,
education and community services.
Reforms will promote choice and innovation.
Later
Transport services
Long-term reforms to road transport will promote more cost reflective road pricing.
Reforms to shipping have been deferred for further consideration.
Later
Utility services
Federal competition payments may encourage states and territories to implement the
National Water Initiative.
COAG will continue to finalise the Energy Market Reform Agenda.
Soon
Intellectual property
The Productivity Commission will finalise its review of intellectual property laws by August
2016.
Subsequent reform will complement the government’s innovation agenda.
Soon
11. Reforms to competition laws
11
Legislation
An exposure Bill is being drafted to simplify various provisions of the Competition and
Consumer Act 2010 (Cth).
Now
Cartel conduct
Simplification of the cartel and exclusive dealing provisions will occur, including repeal of
the exclusionary provision restrictions.
Soon
Vertical conduct
Third line forcing will have a competition test.
Resale price maintenance will be notifiable.
Soon
Price signalling The price-signalling provisions will be repealed. Soon
Unilateral conduct
The government has announced it intends to make a significant reform to section 46, but
the level of controversy suggests that this issue will be the most fiercely contested.
Later
National access regime
The government will implement the Productivity Commission report on the National
Access Regime of February 2014.
Now
Mergers
The government is preparing an exposure draft Bill to address concerns with the formal
merger review and authorisation processes.
Now
Authorised conduct
The authorisation, notification and collective bargaining procedures will be streamlined,
including a new block exemption power.
Soon
Private rights
Private litigants will be able to rely on admissions of fact in other proceedings, thereby
assisting class action proceedings.
Soon
12. Reforms to competition institutions
12
National competition
policy body
The National Competition Council may be replaced by a new Australian Council for
Competition Policy to oversee policy reform.
Soon
Access and pricing
regulator
COAG may consider the transfer of certain ACCC functions into a single national ‘Access
and Pricing Regulator’.
Later
ACCC procedures
The ACCC will follow a media code of conduct.
The ACCC will also improve its communications with small businesses.
Now
13. Controversy over misuse of market power reforms
What happened?
• Harper Review recommended major
reforms to section 46 – see below
• Minister Bruce Billson took a proposal to
Cabinet in August 2015 and was blocked by
Tony Abbott, following various lobbying
• The Government’s response in November
2015 recommended further consultation by
Commonwealth Treasury
• Treasury undertook further public
consultation over the period December
2015 to February 2016, receiving 86
submissions
• Government announced on March 16 that it
will adopt the Harper Review proposal.
What is the key concern?
• Historically, consideration was repeatedly
given to including an ‘effects test’ in s46,
but reviews recommended against this
• Small business was concerned that section
46 does not provide sufficient protection
and again repeated this submission
• ACCC was concerned that section 46 is
difficult to effectively enforce, so sought to
reform the concept of ‘taking advantage’
• Harper Review proposed substantial
reforms, largely adopting ACCC’s solution
• Business Council considered ACCC’s
reforms would create significant uncertainty
and impose material compliance costs
PP:1979806913
Harper Review: A corporation that has a substantial degree of power in a market must not engage in conduct
if the proposed conduct has the purpose, or would have or be likely to have the effect, of substantially
lessening competition in that or any other market. [NB. Main difficulty with this is legitimate fierce competition]
14. What happens next ?
14
• Implementation will be affected by the political
priorities of the Government in an election year
• The policy debate around section 46 has become
particularly politicised, but the Government
announced on March 16 that it will adopt the full
Harper Review proposal.
• Draft exposure Bill is currently being drafted and
should be released for consultation mid year.
• Seems unlikely that a Bill will be finalised and
enacted before the federal election later this year
(particularly if there is a double dissolution election in
the middle of the year, as has been suggested).
• What happens will turn on the result of the election,
although some changes may have bipartisan support.
16. Misuse of market power / exclusive dealing
ACCC v Visa [2015] FCA 1020
• Pleaded as a misuse of market power
and exclusive dealing. Visa admitted
exclusive dealing and paid a penalty of
AUD 18 million plus AUD 2 million costs.
• Visa Inc supplied to financial institutions
on the condition that they did not acquire
dynamic currency conversion services for
Visa transactions from Visa competitors.
• This conditionality is prohibited under
section 47(2) where it has the effect of
substantially lessening competition (SLC).
Visa admitted that it did SLC.
• The ACCC’s allegation under s46 was
that Visa had taken advantage of
substantial market power by blocking
certain transactions by Visa cardholders
with the purpose of harming competitors.
This allegation was dropped by the ACCC
in the settlement with Visa.
ACCC v Pfizer [2015] FCA 113 on appeal
• Pleaded as a misuse of market power
and exclusive dealing. The ACCC lost in
the Federal Court (FC) and appealed to
the Full Federal Court. Appeal was heard
in Nov 2015 with judgment reserved.
• Pfizer provided a rebate scheme for its
existing drug ‘Lipitor’ to incentivise
pharmacies to continue to acquire from
Pfizer once Pfizer’s patent expired.
Pfizer also engaged in direct supply and
adopted a bundling strategy.
• The FC held that Pfizer did not have an
anti-competitive purpose (under s46), or a
purpose of SLC (under s47), but rather
had a purpose of promoting its own
products for its own corporate survival.
• While documentary evidence suggested
blocking, the FC was persuaded by
alternative explanations in oral evidence.
16
17. Cartel conduct – ongoing civil prosecutions
ACCC v Cascade Coal (Listed: 4 April)
• ACCC is alleging bid rigging conduct
involving mining exploration licences in
NSW. ACCC has commenced action
against 11 respondents, including Paul
and Moses Obeid.
• ACCC alleges that Cascade entered into
a contract, arrangement or understanding
with other entities that they would
withdraw from the tender process. In
return, Cascade would acquire certain
land and grant an interest in a mining
venture to certain third parties.
• The ACCC investigation followed a high
profile report by the NSW Independent
Commission Against Corruption (ICAC).
• Much of the conduct occurred before the
criminal prohibition against cartel conduct
came into force in 2009, hence the ACCC
is favouring a civil prosecution.
ACCC v Colgate Palmolive (Listed: 7 June)
• ACCC is alleging Colgate-Palmolive,
Unilever Australia, and PZ Cussons
Australia entered into arrangements to
stop supplying standard concentrate
laundry detergents and to only supply
ultra concentrate from first quarter 2009.
• ACCC alleges that the groups agreed to
sell ultra concentrates for the same price
per wash as the equivalent standard
concentrates and not to pass on cost
savings to consumers.
• ACCC alleges that the arrangements
covered brands including Cold Power,
Radiant and Omo and had a significant
effect on competition in an industry
valued at almost $500m per annum.
• ACCC alleges Woolworths and Paul
Ansell (an ex-Colgate sales director) were
knowingly concerned.
17
18. Cartel conduct – interesting outcomes
ACCC v Aust. Egg Corp. [2016] FCA 69
• Pleaded as attempt to induce a
contravention of the cartel provisions.
ACCC lost in the Federal Court (SA) and
has appealed to the Full Federal Court.
• AECL alleged that AECL, Farm Price and
Twelve Oaks Poultry had attempted to
induce AECL egg producers to take
action to address and correct an
oversupply of eggs.
• The Federal Court held that the ACCC
had not established that the action was
intended to be pursuant to an agreement
or understanding involving mutual or
reciprocal obligations by competing
producers (i.e., insufficient ‘mutuality’).
• The judgement appears to be specific to
the evidence presented in court, but
raises an interesting issue on the level of
mutuality required for attempts.
ACCC v Informed Sources [settled 2015]
• Pleaded as an agreement with the effect
or likely effect of substantially lessening
competition in contravention of s45.
• ACCC successively discontinued
proceedings against various parties after
receiving court enforceable undertakings
• ACCC alleged that fuel retailers used the
Informed Sources to communicate retail
petrol pricing. ACCC alleged that the
near real time manner of communication
was likely to decrease competitive rivalry.
• In settlement, Informed Sources agreed
to make pricing information available to
consumers at the same time that retailers
receive it (eg mobile ‘apps’ could pick up
this information to inform consumers).
• Interesting issues are raised regarding
asymmetric market transparency.
18
19. Treatment of vertical resupply/agency arrangements
ACCC v ANZ Ltd [2015] FCAFC 103
• Pleaded as price fixing under the historic
s45A. The Federal Court dismissed the
claim. The ACCC appealed. The Full
Federal Court dismissed the appeal.
• ACCC alleged that ANZ had required
Mortgage Refunds to limit the amount of
refund it would provide to its customers
when arranging home loans for ANZ.
• ACCC alleged this was price fixing as
ANZ and MR were competitors in the
market for loan arrangement services.
• FC and FFC held that ANZ was supplying
loans and not loan arrangement services,
so ANZ and MR were not in competition
• The case raises the key issue whether a
supplier and its resupplier (or agent) can
be in competition with each other. The
case suggests this turns on the proper
characterisation of the resupply.
ACCC v Flight Centre on appeal to High Ct
• Pleaded as price fixing under the historic
s45A. The Federal Court upheld the
claim. Flight Centre appealed. The Full
Federal Court upheld the appeal.
• ACCC alleged, in effect, that Flight
Centre attempted to induce three airlines
to enter into arrangements not to sell
airfares at prices lower than Flight Centre
• ACCC alleged this was price fixing as
Flight Centre and the airlines competed in
distribution and booking services.
• FC agreed with ACCC. FFC disagreed,
finding no separate market for the supply
of distribution and booking services.
• The case raised the same issue as the
ANZ case, but was decided differently.
Whether agents compete with principals
turns on the proper characterisation of the
services supplied, so turns on the facts.
19
21. The Australian Consumer Law (ACL)
• Commenced in January 2011 as a co-operative reform between the
Commonwealth and the States and Territories.
• The ACL is administrated and jointly enforced by the ACCC and the various
State and Territory consumer protection agencies.
• Key elements of the ACL include:
• protections against misleading or deceptive conduct and false or misleading
representations, as well as other unfair practices such as bait advertising;
• protections against unconscionable conduct as well as a national unfair contract terms
law covering standard form consumer and small business contracts;
• a national law guaranteeing consumer rights when buying goods and services,
including consumer guarantees that products will meet certain standards;
• a national product safety law and enforcement system;
• a national law for unsolicited consumer agreements covering door-to-door sales and
telephone sales;
• simple national rules for lay-by agreements; and
• penalties, enforcement powers and consumer redress options.
21 PP:19798069
22. Recent litigation under the ACL
Unconscionable conduct
ACCC v Woolworths (Federal Court)
• ACCC alleges that in December 2014,
Woolworths developed a strategy,
approved by senior management, to
urgently reduce Woolworths’ expected
significant half year gross profit shortfall,
• ACCC alleges Woolworths sought to
obtain payments from a class of 821
suppliers to its supermarket business.
• ACCC alleges that these requests were
made in circumstances where
Woolworths was in a substantially
stronger bargaining position, did not have
a pre-existing contractual entitlement to
seek the payments, and either new or
was indifferent to whether it had a
legitimate basis for the requests.
• ACCC is seeing injunctions, refunds,
pecuniary penalties, declaration, costs.
Misleading representations
ACCC v Reckitt Benckiser (Federal Court)
• ACCC alleged that Reckitt Benckiser
(RB) made misleading representations on
the packaging of each Nurofen Specific
Pain product and on its website that each
product was formulated to treat a
particular type of pain and solely or
specifically treated that type of pain.
• RB admitted that it had engaged in the
contravening conduct and consents to
orders made by the Court.
• The Court ordered RB to remove the
Nurofen Specific Pain products from retail
shelves within 3 months. The Court also
ordered RB to publish website and
newspaper corrective advertising and to
implement a compliance program.
• ACCC agreed to an interim packaging
arrangement with disclosures thereafter.
22
23. Extension of unfair contract terms to small business
• From November 2016, amendments to the ACL will protect small
business from unfair terms in standard form contracts.
• Standard form contracts are contracts that are offered on a non-
negotiated ‘take it or leave it’ basis.
• The law will apply to such contracts enter into or renewed after 12
November 2015 where at least one of the parties to the contract is a
small business (employs less than 20 people) and the upfront price is
less than $300.000 (or $1 million if the contract exceeds12 months).
• Unfair terms include, for example:
• terms that enable one party (but not another) to avoid or limit their
contractual obligations
• terms that enable one party (but not another) to terminate the contract
• terms that penalise one party (but not another) for breaching or terminating
• terms that enable one party (but not another) to vary the terms of the
contract.
23 PP:19798069
24. Review of the ACL, including issues with e-Commerce
• In June 2015, Terms of Reference (TOR) were agreed for an
implementation review of the ACL.
• Consumer Affairs Australia New Zealand (CAANZ) is tasked to
conduct the review with a final report due in March 2017.
CAANZ should publish an issues paper within the next month.
• CAANZ must assess the effectiveness of the ACL provisions
and the extent to which the national consumer framework has
met COAG’s policy objectives.
• The ACCC supports the ACL. The most likely outcome of the
review will be the further strengthening of the ACL in certain
key areas.
• The TOR specifically requires CAANZ to assess the flexibility
of the ACL to respond to new and emerging issues. Issues
with consumer protection on the Internet are likely to be
considered, noting the ACCC has been focussed on this issue.
24
26. The first criminal cartel prosecution in Australia?
• Rod Sims publicly commented in February: “We have around
20 cartel investigations under way at any one time and we
expect one or two criminal prosecutions this year”.
• Criminalisation of cartel conduct occurred in July 2009
– Historic ACCC policy that every cartel is criminal until decided otherwise
– Various reasons why no criminal enforcement has yet occurred, including the
complexity of the legislative provisions and timing of the relevant conduct
• ACCC structure includes a ‘Serious Cartels Group’
– Greater use of search warrants and ‘dawn raid’ powers
– Desire to have a ratio of leniency to prosecutions for deterrent reasons
• Simplification of the cartel provisions is underway
– Harper Competition Review recommendations accepted by Government
– Draft exposure Bill is being prepared for release later this year
26
27. The greater use of merger authorisations?
Current merger procedures Proposed new merger procedures
PP:1979806927
Formal
clearance
Informal
clearance
Formal
authorisation
Applicant Applicant Applicant
ACCC
outside
legislation
ACCC
pursuant to
legislation
Tribunal
pursuant to
legislation
Letter of
Comfort
Statutory
Immunity
Statutory
Immunity
Appeal
Informal
clearance
Formal
authorisation
Applicant Applicant
ACCC
outside
legislation
ACCC
pursuant to
legislation
Tribunal
pursuant to
legislation
Letter of
Comfort
Statutory
Immunity
Appeal
• The greater practicality of merger authorisations may create merger opportunities in more
concentrated sectors of the economy that can demonstrate a high public benefit component.
28. New powers to regulate credit card surcharges
• In February 2016, a new legislative and regulatory framework
was established to ban card ‘surcharge payments’ that are
‘excessive’. The ACCC is the enforcement agency.
• Excessive surcharging by merchants involving an additional cost
passed to the consumer that is above the merchant’s cost of
acceptance of the payment method – may be banned.
• The prohibition will only apply in respect of surcharges that
exceed a level for surcharging permitted under either a Reserve
Bank standard or else set out in regulations.
• The ACCC has been given powers to compel the production of
information by issuing a ‘surcharge information notice’, issue
infringement notices, seek pecuniary penalties and otherwise
seek remedial orders from the court.
28
30. 0
Contact us
Dr Martyn Taylor
Partner
Norton Rose Fulbright Australia
+61 2 9330 8056
martyn.taylor@nortonrosefulbright.com
nortonrosefulbright.com
2185357230
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