The ACCC is undertaking more investigations and litigation, including on novel matters, and seeking higher penalties. In this video, King & Wood Mallesons Competition Partners Trish Henry and Stephen Ridgeway discuss the role of the ACCC in Australian court proceedings. They present case studies on cartel and other competition and consumer protection proceedings, together with key learnings for businesses.

ACCC makes full use of its toolkit

Our Partners, Sharon Henrick and Caroline Coops, discuss the key areas of concern in Australia’s current merger control regime

KWM partners Wayne Leach & Andrew Monotti discuss competition law issues arising from the privatisation of state-owned assets and we consider the Harper Report’s recommendations that affect privatisation

$520,000 against Actrol Parts Pty Ltd for misleading price representations

Recommendations as to the intersection of intellectual property and competition laws

The Harper Committee’s Report

Recent ACCC action is a reminder to look at the overall impression conveyed by packaging and labelling, including the colours, and not to rely on small disclaimers to correct the overall impression, coinciding with the launch of consultation on changes to the country of origin labelling regime.

CMA probes alleged anti-competitive conduct in the UK clothing, footwear and fashion sector

Twiggy’s call to cap iron ore production raises the ire of the ACCC

ACCC to receive new section 155 powers to ensure compliance

ACCC specifically autohrised to access telecommunications data to aid criminal cartel enforcement

New unfair contract terms regime in New Zealand

Proposed changes and challenges with the continuing obligations under section 131 of the ACL

Following on from the release of the ACCC’s annual enforcement and comliance priorities, its December ACCCount Reort shows the priorities in action

Key case on statutory guarantees could chug into the ether

The Federal Court has again found against the ACCC in a misuse of market power case

The ACCC released its 2015 Compliance and Enforcement Policy on 19 February 2015.

Following an investigation by the ACCC, Kia Motors Australia Pty Limited has agreed to amend the terms and conditions of its capped price servicing offer to consumers.

ACCC case alleging misuse of market power and exclusive dealing is dismissed, further fueling debate on reform to section 46

New regulations take Hong Kong another step closer to fully implementing its new competition law later this year

The Department of Justice has anounced the penalties imposed during the 2014 fiscal year

Ticketmaster and Ticketek agree to change how prices are displayed to address ACCC’s drip pricing concerns

on the world’s largest island

The new Code commenced on 1 January 2015 – what do you need to consider?

Competition enforcement priorities for 2015

The InCompetition team will be back from 12 January 2015

The ACCC has instituted proceedings against the CFMEU, alleging that the trade union engaged in secondary boycott conduct towards concrete supplier Boral

€500,000 Euro penalty imposed by Italy’s Competition Authority for publishing misleading information about the source of its reviews

Diagnosis is clear – section 45 still a powerful enforcement tool as ACCC commences proceeding against Calvary Hospitals

ACCC uses section 87B undertakings to resolve resale price maintenance investigation

Full Federal Court upholds validity of section 155 notice regarding bid rigging

The House of Representatives Standing Committee on Agriculture and Industry has released its report on the inquiry into country of origin labelling.

The ACCC has instituted proceedings against Europcar for alleged unfair terms in its standard vehicle rental contracts and for misleading conduct

Revised Administrative Procedure Law embraces the rule of law

A Review of Qihoo v.s. Tencent Abuse of Market Dominance Case

What approach are Chinese antitrust regulators likely to take to issues of double jeopardy in international cartel investigations?

Reebok fined $350,000 for misleading health benefit claims

Obeid’s appeal of s155 notice heard by Full Federal Court

On 30 October 2014, the ACCC and the AER released their joint 2013-14 Annual Report detailing the actions taken to achieve their objectives.

Valve’s defence contends that the consumer guarantee regime does not apply to the supplies made under that contract on the basis the proper law of the contract is not Australian law

French class action regime for consumer actions enters into force

The Agriculture Minister Barnaby Joyce has released the Federal Government’s Agricultural Competitiveness Green Paper.

ACCC proposes to grant first authorisation for resale price maintenance to Tooltechnic

$8.3 million penalties imposed on Renegade Gas, Speed-E-Gas, and their senior officers for cartel conduct

Pressure rises as ACCC releases a Statement of Issues

Former Australian Prime Minister Gough Whitlam – who changed the business landscape in Australia by introducing the Trade Practices Act – passed away today

Draft reform recommends prioritising the completion of energy reforms

French Law on Consumer Rights of 17 March 2014

Lessons from the English courts in the last 12 months

The ACCC is really travelling as it clears three acquisitions

A degustation of regulatory issues

…a match made in reform heaven

The misleading, misleading the misleading – the ACCC begins criminal prosecution of Mr Michael Boyle, another former Sensaslim officer, for allegedly providing false or misleading evidence during the ACCC’s investigation into Sensaslim for … misleading and deceptive conduct.

Harper Review Draft Report released today

Denmark’s Margrethe Vestager to lead DG Comp

Express Mobile Services gives s 87B Undertaking to the Australian Competition and Consumer Commission in relation to dealings with franchisees.

Update provides confirmation of current practice and clarity for applicants

ACCC tests application of Australian consumer guarantees to cross-border internet transactions in case against Valve

ACCC seeks to amend claim against Pfizer

ACCC sues OmniBlend Australia in the Federal Court

Beware the reach of the 155 notice

Silicon Valley class action antitrust settlement not approved by District Court

Businesses are already being warned to changed their practices in advance of the new Competition Ordinance taking effect

Downward spirals for vertical arrangements

Recent stats and trends from the Australian Competition and Consumer Commision’s and UK Competition and Markets Authority’s merger registers

ACCC continues focus on credence claims

German FCO hands down one of its meatiest fines

Commission fines Servier and five generics for curbing entry of cheaper medicines

Carbon tax repeal gives new powers to ACCC

The latest EC cartel enforcement statistics indicate a continued increase in both the volume of cases being decided and the fines being imposed.

FIFA world cup sponsor cleared of abuse of dominance allegations

Cartel offender takes action against European Commission for agreeing to his extradition to the United States.

ACCC commences penalty proceedings for misleading conduct

Last week the Australian Competition and Consumer Commission announced that it would oppose Healthscope Limited’s proposed acquisition of the Brunswick Private Hospital from Healthe Care Pty Ltd following a review which took just under six months.

Rare challenge to merger approval and case statistics from the European General Court

French Court of Appeal overturns fines imposed on endive producers

Who is the Hong Kong Competition Commission and what the business might expect from the new regulator.

A speech by ACCC Commissioner Dr Jill Walker  gives pause to consider the competition and consumer issues prevalent in the Australian aviation sector.

Proceedings commenced against industry body and egg producers for cartel conduct

The Federal Court has again awarded the ACCC another victory in its battle against cartels, imposing a $3 million fine on ball bearer supplier NSK Australia.

Federal Court orders $50,000 in penalties to be paid by two Harvey Norman franchisees

ACCC and MOFCOM sign MOU

Debate over market power threshold in Hong Kong

ACCC takes action against deceptive franchisee advertisements, with the court ordering refunds to affected franchisees

ACCC takes action against CUB in relation to its labelling of Byron Bay Pale Lager

The calm before the storm? No major competition or consumer surprises in Budget 2014.

Harper Review to go beyond competition legislation to consider Government involvement in markets and the role of regulators

CMA, SFO, MOU, ACCC, CDPP… in the context of recent UK and Australian cartel reforms and clarifications, these are the authorities involved in deciding whether you will face criminal proceedings for cartel conduct.

Hire penalties higher

Antitrust class action lawsuit against Silicon Valley employers settles

Peter McInnes, KitchenAid mixer supplier, has provided undertakings to the ACCC following allegations it engaged in resale price maintenance.

US successfully extradites foreign executive on cartel charges

Abbott Government’s reforms to the Franchise Code of Conduct

The ACCC has partially succeeded in its case against Woolworths, but failed against Coles.

The ACCC has published the Country of origin claims and Australian Consumer Law Guide to assist businesses in making countyr of origin claims.

The ACCC has released its draft policy on immunity and cooperation for cartel conduct, along with a helpful list of frequently asked questions

ASIC report a reminder that competition provisions involve the highest civil penalties in Australia

UK competition law reforms take effect from 1 April 2014

Country of origin claims are back in the political spotlight again with a new inquiry into country of origin food labelling

Xenophon proposes divestment as remedy for misuses of market power

Media Watchdog not an arbitrator of criminal guilt

Buy-bye to kids’ in-app purchases

The ACCC and MOFCOM release their merger numbers… and plans for the future

Court finds Breast Check claims misleading

ACCC’s enforcement priorities for 2014

ACCC blocks AGL’s bid for MacGen

ACCC offers proposed undertaking in its bid to acquire MacGen

New competition considerations for as the world turns to online for all its needs

Goodyear moves to end alliance with Sumitomo on basis of cartel conduct

The ACCC has launched its latest edition of the Small Business in Focus half yearly report, summarising the ACCC’s activities in the small business and franchising sectors and updating industry codes.

Court finds Optus misled consumers on network coverage

Canada proposes reforms to tackle cross-border price discrimination

The CCS consults on new airline friendships

ACCC releases statement of issues in relation to proposed acquisition

ACCC sues Pfizer for misuse of market power and exclusive dealing

New Zealand introduces comprehensive consumer law reforms

Concerns regarding the the supply of MRI and diagnostic imaging services

The OFT has announced that it has brought a charge in relation to criminal cartel conduct in the UK

Federal Court penalises solar panel companies for publishing false testimonials and credence claims

Cartel conduct will remain a priority amongst foreign regulators in 2014.

What to expect from MOFCOM, NDRC and SAIC in 2014

Federal Court penalises Mitsubishi Electric $2.2 million for engaging in RPM

Bob Jane restrained from using his name to sell tyres, wheels and car accessories

ALDI and the new Grocery Code of Conduct

…toning your calves, thighs and buttocks? Apparently not says the ACCC

The Federal Court has sent a strong message that those responsible for dishonest sales practices can, and will, be individually penalised.

HP and Acer commence legal action against a number of optical disk drive companies for price fixing

A warning to business as China looks to stamp out old ways

Avoid regulatory surprises in your Christmas stockings

Federal Court imposes $1M in penalties for false and misleading representations

ACCC files proceedings against two more egg producers, over use of “free range”.

High Court overturns Full Federal Court’s decision on TPG’s misleading and deceptive conduct

Last week, the EC handed down record fines to eight financial institutions for EURIBOR and LIBOR manipulation

The Full Federal Court upholds findings on “Was/Now” pricing conduct.

The US DoJ and EC have both given Microsoft the go-ahead to buy Nokia’s handset and services business

ACCC releases best practice guide about online reviews for businesses and review platforms

$1.1 million penalty imposed for illegal door-to-door sales

ACCC institutes proceedings against Mitsubishi Electric for alleged resale price maintenance in relation to air conditioning products

The Federal Court has dismissed price fixing allegations brought by the ACCC against ANZ in relation to home loan arrangements

The Monash Business Policy Forum has released its “Agenda for National Competition Policy Inquiry” to guide the Government’s “root and branch” review.

The ACCC recently released its quarterly report for September 2013, outlining the activities it and the AER have been involved in

US DoJ is ready to do battle with American Airlines and US Airways to block their mega-merger

MyCC proposes first abuse of dominance fine on steel manufacturer Megasteel

While the LIBOR investigations continue, investigations into FOREX benchmarks have commenced

Federal Court imposes 3 year sentence for contempt of court, following breaches of court orders by a marketer of weight loss products.

Draft legislation repealing the carbon tax scheme proposes new prohibitions and ACCC powers to ensure businesses don’t exploit the repeal process

The Federal Court has imposed pecuniary penalties of $2 million against Koyo Australia, a supplier of ball bearings, for cartel conduct

ACCC Chairman speculates about regulatory reform that could improve infrastructure efficiency in Australia

The Federal Court has found against AGL, confirming that “Do not knock” means DO NOT KNOCK

The NZCC has released draft Competitor Collaboration Guidelines for public consultation.

NZCC publishes new guidelines to clarify the principles and practices applicable to criminal prosecutions

The ACCC has invited public comment as part of the review of its immunity policy for cartel conduct

Global scrutiny and regulation of bank interchange fees appears to be on the increase

The US FTC and DOJ are shutting down non-essential services after Congress failed to pass a bill to fund ongoing government operations

The US DoJ and FTC have released a joint model confidentiality waiver to faciliatate cooperation with foreign competition regulators

US DoJ secures guilty plea agreements and criminal fines of US$740 million for price fixing in the car parts industry

The NZCC has completed its first criminal prosecution, sentencing a former company director to 10 months home detention.

The interplay between administrative enforcement and civil action under China’s Anti-Monopoly Law

Malaysian Competition Commission warns lorry owners over alleged price fixing

The ACCC has announced it is conducting a review of its immunity policy for cartel conduct, which aligns with a number of other jurisdictions also reviewing the effectiveness of their cartel laws.

Mars and Nestlé have settled a class action involving price fixing allegations in Canada

ACCC’s appetite for enforcement could drive consumer class actions

Enhancing the ability of claimants to seek collective redress

EU General Court knocks €3 million off Total’s fine for participation in a paraffin wax cartel

Canada promotes criminal cartel whistleblowing

ACCC takes APG to Court for alleged false or misleading representations made by sales representatives

MyCC has proposed its first fines against Malaysia Airlines and AirAsia for a market sharing arrangement

GSK has agreed to sell Ribena and Glucozade, two of its iconic drink brands, to Japanese consumer goods group, Suntory

The new Government’s competition reform plan includes a “root & branch” review of the existing competition regime

The South African Competition Commission has cleared the sale of Independent News & Media South Africa (Pty) Ltd, subject to conditions relating to the cross-ownership of other media companies.

MOFCOM clears MediaTek’s US$4 billion acquisition of MStar Semiconductor, subject to commitments

The ACCC has approved the acquisition by Baxter of Gambro, subject to divesting parts of Baxter’s Renal Replacement Therapy business

The ACCC has issued its final decision to conditionally re-authorise the alliance between Virgin Australia and Air New Zealand.

Woolworths gets the go-ahead from the ACCC for its proposed acquisition of three Supa IGAs in Queensland

The New Zealand High Court has fined packaging giant Visy NZ$3.6 million for price fixing

Canadian petrol companies and executives found guilty of cartel conduct.

The High Court has granted the ACCC special leave to appeal in TPG battle 

China’s regulatory authorities have been busy recently, targeting RPM, price fixing and market dominance conduct

China’s MOFCOM clears Baxter/Gambro with conditions

The Full Court of the Federal Court has upheld the ACCC’s appeal by finding Lux guilty of unconscionable conduct.

Infant formula manufacturers fined a total of AUD 120 million for resale price maintenance in China

Renewed calls for a legislative amendment to the CCA to allow the ACCC a power to issue cease and desist orders.

Clarity in the law remains focus for enforcement

The ECJ has rejected Schindler’s appeals against its €143 million fine for cartel conduct in Europe

The ECJ has ruled that companies cannot rely on a decision by a national court, or the advice of their own legal counsel, that their conduct does not amount to a cartel under EU competition laws.

The Federal Court has declared Bytecard’s contract terms unfair and void

Hong Kong appoints Presidential Members for the Competition Tribunal

Fear of ACCC enforcement has seen 7 bottled water manufacturers drop claims that their product is organic

A former Europcar franchisee, BAJV, has been fined $240,000 for deliberately overcharging customers for repairing damaged hire vehicles.

Hong Kong has new consumer protection laws banning unscrupulous trade practices for goods and services

ACCC files proceedings against ball bearing cartel, and more may follow

EC cartel statistics reveal the ebbs and flows of prosecution

The French competition regulator has raided three major recruitment agencies, presumably on allegations of price fixing and collusion

The NDRC is investigating pricing conduct of infant formula companies in China

China considers establishing an authorisation process for airline alliances

A US District Court has categorically ruled that Apple violated federal antitrust laws in relation to the pricing of e-books

Hershey has been fined US$3.8 million by the Supreme Court of Justice in Toronto after admitting to its role in a chocolate price-fixing cartel.

Due to a recent amendment, the Minister can create regulations to exempt restaurant and café menu surcharges from the single pricing provision in the ACL.

The ACCC is proposing to conditionally re-authorise the Australasian alliance between Virgin Australia and Air New Zealand

Misleading warranty claims have resulted in Hewlett-Packard Australia being ordered to pay a $3 million dollar penalty.

Pre-election consumer and competition reform in the areas of food labelling, supermarket dominance and competition reform are high on the agenda for the last pre-election Parliamentary sitting

The ACCC has issued proceedings against Scoopon in the Federal Court for alleged false and misleading representations to businesses and consumers.

The EC has published a draft private damages proposal that, if approved, will hold cartelists liable for harm caused to European consumers.

The ACCC has released revised Draft Merger Review Process Guidelines which contain a number of proposed revisions to the Current Guidelines.

Germany revises penalty guidelines for cartels following a recent decision by the Federal Court of Justice.

Supermarkets are still a target for the ACCC

South Africa fast tracks a R1.46 billion (AU$164 million) settlement for a bid-rigging cartel in the construction  industry

Apple’s Paris offices have been raided in response to complaints of abuse of market dominance and unfair competition practices

The ACCC has updated its authorisation guidelines, following the most substantive review of the guidelines since 2007

The ACCC has accepted undertakings from Happiness Road Investment Group for false country of origin claims for its ugg boots.

The ACCC has instituted proceedings against Taxsmart alleging that it published false and misleading graduate job ads.

The European Commission has unconditionally approved IntercontinentalExchange’s $8.2 billion acquisition of NYSE Euronext.

iiNet hit with a whopping $102,000 infringement notice for unclear advertised pricing

Court orders Abel Rent A Car to pay up for misleading and deceptive conduct

Court rejects class action attempt to prevent AB InBev/Modelo merger closing

The ongoing ramifications of the LIBOR scandal for global banks suggests that resolution of the problems have a way to go

ACCC eyes authorisation application for collective fee setting

Franchising Code working well, but Report recommends significant reforms

The ACCC opposes Woolworths acquisition of a supermarket site at Glenmore Ridge

ACCC blocks Heinz’s acquisition of Rafferty’s Garden

The ACCC continues its quest for consumer protection with these tips for winter warmers and winter travellers

European Commission releases its annual report on competition policy

The Productivity Commission has released a draft report recommending changes to the National Access Regime

The US DoJ is increasingly seeking, and securing, convictions of individuals or anti-competitive conduct, including prison terms

The Federal Court in Melbourne has ordered AGL to pay penalties exceeding $1.5 million for illegal door-to-door sales practices.

The ACCC is publicly consulting on access to domestic mobile termination services, which provides for call connection between different mobile networks.

Parliament is considering an amendment Bill that will exempt restaurants and cafés from the single pricing requirements in the ACL

Year in review of the Advertising Standards Board’s determinations on social media issues

Dawn raids for oil and sugar companies in the EU

Significant reforms to NZ competition law are imminent following a recommendation that the Commerce (Cartels and Other Matters) Amendment Bill be passed

Greens introduce proposed changes to country of origin claims in food labelling

The UK’s new Competition Bill receives Royal Assent and a draft Consumer Bill is announced

Foxtel has provided the ACCC with a court enforceable undertaking following allegations that Foxtel breached the ACL with a free television offer.

Proposed amendments to the Insurance Contracts Act will extend the unfair contract terms regime to general insurance contracts

Solar panel suppliers prosecuted for false origin claims

The ACCC’s report into airport pricing and services shows that Australian airports have maintained profitability levels but that service levels have declined

ACCC releases revised Draft Authorisation Guidelines for consultation

The liquidators of Lehman Brothers Australia are appealing a landmark Federal Court decision that found it liable for losses suffered by a number of local councils and charity groups.

Ms Anna Wu Hung-yuk has been appointed the first chairperson of Hong Kong’s Competition Commission

To increase clarity and transparency on the merger remedy regime under the AML, MOFCOM has published draft rules for public consultation

The ACCC has given Virgin Australia the all clear to purchase 60% of Tiger Airways

Last standing publisher, Penguin, has settled with the EC, ending the 16 month investigation into alleged price fixing of e-books in Europe

ACCC brings first unfair contract terms proceedings under new ACL provisions

The time has finally come for the US courts to seal the AB InBev and Grupo Modelo deal

The ACCC denies minimum advertising price authorisation

Following approvals from the ACCC, the EC and South Africa’s Competition Tribunal, China’s MOFCOM has signed off on the Glencore/Xstrata merger, allowing the parties to complete the deal.

The ACCC has stated that it will prioritise online competition issues.  EU restrictions on online retailing and distribution provides some useful insights.

Japanese cable supplier Viscas has been ordered to pay the ACCC $1.35m in penalties for engaging in cartel conduct in 2003.

KWM scoops up two major merger control awards at this year’s GCR Awards

Dr Michael Schaper and Ms Sarah Court have been reappointed, and Ms Cristina Cifuentes appointed, as ACCC Commissioners.

US District Court dismisses anti-trust claims against the banks for Libor manipulations 

The Coalition’s plans to overhaul the National Broadband Network

ACCC Chair Rod Sims supports greater engagement with the Australian public over the ACCC’s role and Australian competition law. 

Competition authorities clear the way for the Penguin Random House powerhouse

Singapore’s Competition Commission has imposed fines totalling S$179,000 on 12 motor vehicle traders for their roles in bid-rigging at public auctions

TPG has had its $2 million penalty reduced to $50 000, leaving the ACCC with only the special leave card to play

Lindt loses its final appeal with a German Court rejecting claims Confiserie Riegelein’s Easter chocolate bunny is similar to Lindt’s gold foil-wrapped bunny.

Class action revived – could this be the case to test the consumer guarantees regime under the Australian Consumer Law?

Consumer guarantees – a regulatory priority under the Australian Consumer Law.

The Dairy Farmers of America co-operative has agreed to pay US$46m, without admission of fault, to settle a portion of a class action alleging price fixing activities.

The Federal Court has imposed significant penalties on Adepto for engaging in blatantly misleading and deceptive conduct.

The ACCC has granted final conditional authorisation to Qantas and Emirates, allowing them to coordinate passenger and cargo operations until 31 March 2018

Turkish Competition Authority issues record fines against 12 banks for collusion over interest rates

Taiwan’s Fair Trade Commission gets smart when it comes to cartel conduct

While the Easter bunny hops around delivering eggs, the ACCC warns parents and carers about safe trampoline practices

The ACCC has released its report on unfair contract terms and has warned that it will now focus on enforcement of the national unfair contract terms regime.

The ACCC has granted authorisation to GPs working in shared practices to allow them to engage in intra-practice price setting and collective bargaining.

The US Department of Justice has allowed a ‘pro-competitive’ merger between the 4th and 5th largest mobile carriers in the US, T-Mobile and MetroPCS.

The ACCC and the NZCC have signed a co-operation agreement, allowing the NZCC to share information with, and provide investigative assistance to, the ACCC

From 1 April 2013, the South African Competition Commission will have formal powers to initiate and conduct market inquiries

The formulation of the multilateral Trans-Pacific Partnership agreement may have implications for Australian competition law.

The NZ Commerce Commission has published draft guidelines for purposes of authorising and approving transactions

Online real estate listing company All Homes has provided the ACCC with an undertaking following concerns that it attempted to induce an understanding with its competitors on real estate agents’ fees.

Homeopathy Plus! may have to cough up after continuing to publish misleading and deceptive claims on its website

Amid media speculation about the ACCC’s investigation of Coles and Woolworths, ACCC Chairman identifies competition concerns in Senate Estimates

Three of China’s anti-monopoly regulators made public their enforcement achievements, with the NDRC disclosing its case volumes for the first time.

DOJ action stayed while remedies negotiated with AB InBev and Modelo

The ACCC yesterday released its new Compliance and Enforcement Policy which sets out its priorities for 2013, emphasising its focus on enforcement.

Following on from the decision handed down on 14 August 2012, the Federal Court of Victoria has ordered Kingisland to pay for contraventions of the ACL and TPA.

The Federal Government has requested approval from state and territory leaders for its three nominations for commissioners to the ACCC

Two of China’s most famous liquor producers, Maotai and Wuliangye, have been fined RMB 449 million (A$69.4 million) for resale price maintenance

The Full Federal Court has found that Lux Distributors did not engage in unconscionable conduct in relation to the sale of vacuum cleaners to five elderly consumers.

Voluntary information requests are a thing of the past, as Canadian Competition Bureau announces it will use mandatory powers going forward

ACCC concerns rattle Heinz/Rafferty’s Garden merger

UK government plans reforms to increase private enforcement of competition laws

On 4 February 2012, the ACCC launched proceedings in the Federal Court of Australia against Visa for breaches of the misuse of market power and exclusive dealing provisions in the Competition and Consumer Act 2010.

The DoJ has reached an agreement with Macmillan which will result in the removal of restrictions on discounting and other promotions imposed on e-book retailers.

Google not responsible for misleading advertisements

Samsung alleged to have breached antitrust laws by failing to negotiate a patents licence with Apple

DOJ takes court action to oppose AB InBev acquisition of Modelo with Corona at centre stage

On 23 February, the UAE will implement its first comprehensive competition law regime to regulate anti-competitive behaviour and introduce merger control

Between October and December 2012, the ACCC reported 116 separate recalls, covering more than 2.4 million individual products.

The Abbott Coalition has resurfaced a proposal to extend the protection of unfair contract term provisions to small business

Further to our previous post, the EC has prohibited the proposed UPS/TNT merger on the basis that competition in 15 European countries will be harmed

Zamels finds that all that glitters is not gold after fined $250,000 for misleading “was/now” pricing for jewellery

The MyCC has warned that it will increase its enforcement activity and focus on bid rigging in 2013

The US FTC supports generic drug-makers in claims that product-switching breaches antitrust laws

The ACCC is appealing to the High Court over the second substantial penalty reduction in the telecommunications arena

UPS has abandoned a €5.16 billion deal with TNT Express after the EC case team indicated it was working on a decision to prohibit the proposed deal

China’s NDRC has imposed record antitrust fines totalling US$ 56 million on six international LCD manufacturers for participating in a price fixing cartel

On 3 January 2013, the US Federal Trade Commission closed its investigation into Google after an exhaustive 19 month review

On 17 January 2013, the ACCC issued a draft determination to deny authorisation to the National Associated Retail Traders of Australia to set a minimum advertised price for various electrical goods.

The ACCC has granted conditional interim authorisation to Qantas and Emirates for their proposed alliance, allowing preliminary steps to be taken towards implementation of the alliance before April 2013

A probe into Coca-Cola Singapore’s business practices has wrapped up following undertakings in relation to Coca-Cola’s supply arrangements and other conduct

Penguin and Random House, two of the world’s largest English language book publishers, are proposing to combine their businesses into a new joint venture – Penguin Random House

Heads of the three antitrust regulatory agencies attended the first China Competition Policy forum

The Indonesian KPPU has issued its first fine for delayed notification of a merger, demonstrating that it will not accept deviations from the statutory time period

US Supreme Court to hear dispute over the legality of ‘pay-for-delay’ or reverse-payment agreements between patent holders and generic manufacturers

Zipcar acquisition gives the FTC a chance to examine the place of car sharing in the car rental market

The UK parliament is progressing a bill to establish a new supermarket watchdog with extensive powers to enforce the Grocery Supply Code of Practice

ACCC announces intention to oppose Carsales’ acquisition of Trading Post

ACL the key focus for the ACCC

Just before Christmas, the ACCC issued a draft decision proposing to grant authorisation for the alliance between Qantas and Emirates for 5 years subject to certain conditions.

The German Federal Cartel Office has announced it is investigating Deutsche Post for predatory pricing in relation prices for some services for large high volume business customers.

In October 2012, the Galactic Republic of Disney announced its intention to acquire the independent star system of Lucasfilm, for $US4.05 billion.

Apple and four of the world’s largest publishers offer commitments to the European Commission to settle price fixing investigation

Penalty against Thai Airways for cartel conduct highlights importance of cooperation with ACCC

Cotton On Kids fined $1M for breach of safety standards under consumer protection laws

Lisa Huett speaks with BRR Media about competition law developments during 2012, and looks at what the ACCC may be wishing for this Christmas

ACCC obtains $200,000 in penalties from Air Asia under Australian Consumer Law over misleading pricing of flights

Restaurant and café menu surcharges to be placed outside the scope of single pricing requirements under the consumer protection provisions of the CCA

The ACCC is increasingly clearing non-contentious mergers by pre-assessment but not much is known about the process

The EU General Court has upheld the EC’s decision to fine Electrabel €20 million for not notifying a merger

“Exemplary” co-operation results in Malaysian price-fixer avoiding a financial penalty

There has been limited acceptance of ACCC’s proposed streamlined notification protocol for small retail acquisitions by major supermarket chains

For the first time in 15 years, the value of a penalty unit under Commonwealth statutes is increasing from $110 to $170

Cathay Pacific and Singapore Airlines Cargo settle cartel proceedings with the ACCC leaving only two airlines in the ACCC’s sights

Big four chocolate manufacturers sued by wholesaler over alleged price-fixing

Federal Court orders a bikini designer to pay Seafolly $25,000 for misleading and deceptive conduct following claims of design plagiarism

The Productivity Commission’s new chairman, “natural reformer” Peter Harris, will face a number of early challenges.

Nissan provided a court enforceable undertaking to the ACCC following an investigation by the Commission of Nissan’s television advertisement for the Nissan DUALIS vehicles.  In addition, Nissan paid three infringement notices totalling $19,800.

During this festive season, things can go wrong in the rush to find the perfect gift.  At this special time of year we share some tips on how to avoid online shopping pitfalls, dodgy products and other shopping scams.

The Productivity Commission has commenced a review of the National Access Regime with a final report due to be published in October 2013

JFTC finds car parts companies guilty of price fixing

The NZCC has published Enforcement Response Guidelines, describing how New Zealand’s fair trading, competition and credit contract laws will be enforced.

Spanish fish association gets more than it bargained for after complaining to the antitrust regulator

Innovative business models provide an opportunity to reassess the broader approach to market definition.

Government department blocks bid-riggers

On 26 November 2012, the Federal Court confirmed the ACCC’s service of proceedings outside of Australia against two of the alleged participants in the power cables cartel, Prysmian and Nexans

ACCC approval has opened the way for the banks to relieve ATM costs for remote indigenous communities

Read the great post over at China Law Insight on the role of the antitrust regulator in IP licencing here.

It’s all about the bling-bling in jewellry pricing case (watch out for the ca-ching ca-ching)

As the ACCC takes stock of its last quarter, US regulators have the world in their sights…

It seems KWM are not the only ones looking to expand their horizons in China!  The ACCC has signed an MoU with the State Administrator for Industry and Commerce (SAIC) in China.

Anheuser-Busch InBev’s takeover of Grupo Modelo brings foam to the top of the glass

The Malaysian Competition Commission is considering whether recent chicken culling could involve a breach of competition laws.

The Federal Court hands down a decision against several publishing companies for misleading and deceptive conduct and unconscionable conduct.

Singapore moves to streamline the process of digital music licensing

In 2005, a number of merchants commenced class actions against Visa and Mastercard, alleging the companies had conspired with US banks to fix credit card processing fees, at around 2% of the purchase price. These “swipe fees”, paid by merchants, are estimated to generate around $40 billion per year for the US banks.

On 24 October 2012, the MyCC issued its first proposed decision for a breach of Malaysia’s Competition Act

Hong Kong’s new competition law regime

Indonesia’s Competition Commission has revised its merger review guidelines and procedures for imposing fines for late notification of mergers.

Not even an ‘adventurous’ argument could save Victorian butcher King Island Meatworks and Cellars Pty Ltd from a finding that it mislead customers about the origins of beef it sold.

On 15 March 2012, the U.K.’s Department for Business, Innovation and Skills announced the UK Government’s highly anticipated proposal for reform to the UK competition regime

A focus on sporting content leads the ACCC to reject Seven’s bid for an interest in FOXTEL and FOX Sports

Google is busy fighting a war on multiple fronts, with antitrust investigations ongoing in the US, the EU, India, Argentina and South Korea. A recent article titled, “Flawed Competition Laws – the Case of Google” provides support for Google’s campaign.

Following the UK Office of Fair Trading’s decision not to refer Facebook’s proposed acquisition of Instagram to the Competition Commission (as we reported here), the US Federal Trade Commission has closed its investigation without taking any action.

High Court sends Fortescue and Rio Tinto back to the Australian Competition Tribunal

In its case against AU Optronics, the US DOJ Antitrust Division has signalled its intent to companies thinking of contesting criminal cartel proceedings.

Error in insurance payouts leads to NZ$3.4M in compensation

Merger parties offering the ACCC behavioural undertakings to obtain clearance need to be prepared to comply with the commitments they make

Full Federal Court upholds $375,000 penalties against mobile premium service providers

OFT publishes guidance on the setting of penalties

Rod Sims recently outlined the ACCC’s current enforcement activities, focusing on petrol retailers, supermarkets & creeping acquisitions

The crusades against petrol prices continue, with the UK OFT the latest regulator to take up the cause.

Sims recognises the importance of being boring…sometimes!

With the US Department of Justice granting immunity from prosecution to several employees involved in the LIBOR scandal this week we ask: how far does Swiss secrecy go?

The ACCC and NZCC both come out on top in challenges by Garuda and Visy

Joshua Wright nominated to FTC

The ACCC has released “The Marker” – a short film giving a dramatic representation of the devastating effects that participation in a cartel can have on the businesses and individuals involved.

Google buys Frommers

Two reports released last week attack the supermarket majors for anti-competitive practices, returning the focus to the ACCC’s consideration of groceries and adding to calls for a formal investigation.

In recent weeks, we’ve had two indications of the way in which misleading and deceptive conduct provisions apply to third party content on social platforms like Facebook

China’s antitrust regulator clears Wal-Mart’s acquisition of online direct sales business Niu Hai Holdings

Things are heating up for two Australian gas supply companies who are in cartel hot water

On 31st July 2012 the Criminal Antitrust Anti-Retaliation Act was introduced to the US Congress by Senators Patrick Leahy and Chuck Grassley.

The UK’s OFT is not concerned about Facebook’s acquisition of Instagram

Emerging markets, emerging problems – Google faces further antitrust scrutiny in India

The EC has opened its fourth investigation in the car parts sector, but still lags behind the US.

The ACCC is still on the beat, but a decline in carbon price complaints suggests this carbon cop is more educator than enforcer.

As the slogan goes, Gummi bears may make children happy, but manufacturer Haribo will be unhappy with the €2.4M fine imposed for exchanging information with competitors.

The Malaysian Competition Commission has uncovered a price-fixing operation and is preparing to hand down its first decision under the new legislative regime which now makes it illegal to fix prices and restrict competition in Malaysia.

In a rare decision, the Court accepted a no contest plea from cartel participant Florida West, allowing the company to accept a penalty set by the court without actually admitting to any antitrust violations.

US Consumer Financial Protection Bureau has announced that it has reached a settlement with Capital One Bank (USA) in relation to alleged misleading or deceptive conduct in credit card marketing

The NZCC has published its reasons for blocking the epay / Ezi-Pay merger, the first merger application it has declined since October 2008.

It’s probably fair to say that “truth in advertising” is a pretty elastic concept. But for those businesses that like to stretch that band an inch too far may find themselves stretched further by the ACCC.

The ACCC is warming to its role as carbon cop with a focus on all aspects of retailing

In a landmark decision, the UK Competition Appeal Tribunal has awarded damages arising from abusive predatory pricing 

Merger approval timelines in Europe add weight to Australian debate.

Comment on ACCC’s decision to allow purchase of Loy Yang A

On 20 June, the Competition Commission of India (“CCI”) took the (Brahman?) bull by the horns and imposed a record fine of 6,307 crore (approx. US$1.1 billion) on 11 cement companies.

The New Zealand Commerce Commission has declined epay’s application for clearance of its proposed acquisition of Ezi-Pay in the first merger opposition by the NZCC since October 2008.

Software giant Microsoft was hit with a fine of 860 million euros by Europe’s second highest court on 27 June 2012 (see the press release here). The fine applies to Microsoft’s non-compliance with its information-sharing obligations flowing from a 2004 decisions relating to anti-competitive conduct.

On 26 June 2012, Cruz Villalón, an advocate general of the European Court of Justice, issued an opinion before the European Court of Justice that the European Commission can claim damages from cartelists in its capacity as a customer, even if the European Commission has already fined them for the cartel.

A new FTC focus on restitution and disgorgement, overturning a previous policy statement, could have implications for current investigations as well as future probes.

ACCC to revise process to analysing small retail acquisitions by supermarket majors.

The ACCC has announced that it will investigate Australian clothing importers who are alleged to have entered into arrangements with international suppliers to prevent Australian consumers from being able to purchase certain brands at lower prices on overseas websites.

Companies blow their chances of complete immunity by only applying to the national regulator, leaving them exposed to EC fines – don’t you whistle in the wind either!

Glencore/Viterra under scrutiny by EC

The highest court in mainland China has issued its first ever judicial interpretation of private competition litigation, making it easier for plaintiffs to successfully bring anti-monopoly-related civil claims.

Producers of the most expensive show in Broadway history, Spider-Man: Turn off the Dark, have filed a lawsuit against the musical’s former (Tony Award-winning) director Julie Taymor.

The Netherlands becomes a more attractive venue for settling international mass claims, with a recent decision declaring Dutch appetite to facilitate such settlements when there is very limited connection to the Netherlands.

The ACCC has announced that it will not oppose AGL Energy’s proposed acquisition of Loy Yang Power

KFTC investigates alleged anticompetitive practices by Google

Canada’s Competition Bureau sues Visa and Mastercard for misuse of market power through its merchant agreements.

EC’s competition commissioner warned companies that have “essential” patents for standards in particular fields to license them on “fair, reasonable and non-discriminatory [FRAND] terms.”

On 8 May 2012, China’s Supreme People’s Court issued its guidance on private anti-monopoly litigation, which will come into effect on 1 June 2012

Kellogg’s completes $2.7bn deal to buy Pringles after EC clearance.

This recent decision raises interesting considerations about legal professional privilege and the ACCC’s immunity policy.

Food Standards Australia New Zealand launches a debate on measures to control nutrition and health claims on food.

China’s MOFCOM approves Google’s acquisition of Motorola, the last hurdle to the US$12.5 billion deal.

The auto parts cartel is shaping up to be the largest in history. Already, we have seen corporate guilty pleas, cease and desist orders and almost US$1 billion in fines. Here are the latest developements

MyCC invites public consultation on its draft Guidelines on Abuse of Dominant Position

Canada’s Competition Bureau has announced that it will publish monthly reports of concluded mergers, as part of its ongoing efforts to increase transparency.

A US appeal court has upheld a decision to impose the harshest jail sentence ever imposed on a cartelist, by affirming a four-year term for participating in a price-fixing cartel

Korea’s Fair Trade Commission cracks down on multinational IT companies by conducting a series of dawn raids

As the ACCC keeps a close eye on energy retailers, its recent success in the Federal Court against Energy Watch is worth mentioning. The Court found that Energy Watch Pty Ltd, a provider of brokering services for residential and business customers purchasing electricity or gas, misled consumers through its advertising, in breach of the Australian Consumer Law.

King & Wood Mallesons has bolstered its leading competition practice with the lateral hire of Stephen Ridgeway, one of Australia’s preeminent and most respected competition lawyers.

On 21 March 2012, the ACCC announced that it would not oppose Visy’s proposed acquisition of HP’s PET and plastic assets

The KFTC has fined four major noodle manufacturers 135.4 billion won (approximately AUD115 million) for fixing the prices of instant noodles

Endive cartel chopped: growers feel the sting of a 3.6 million euro fine

South Africa’s Competition Commission has entered into settlement agreements with SAA and Singapore Airlines over price-fixing allegations

On 23 February 2012, theFederal Court fined Hooker Meats $50,000 for engaging in misleading or deceptive conduct

Some ACCC relationship counselling for the wholesale ADSL market

The EU General Court rejected appeals from various chemicals companies against the EC’s decision that the companies had engaged in a cartel.

Mega Brands alleges Lego’s misuse of intellectual property rights for anti-competitive purposes

Five things you should know about when informally dealing with the ACCC

Planned slot swap has one last check before it is cleared for take-off

Five things you need to know about third-line forcing

Five things you need to know…about ACCC substantiation notices