Duncan Lawyers • Competition and Compliance Update

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Competition & Compliance Update

Competition & Compliance Update is prepared by crgESSENTIALS on behalf of Positive Compliance Action.  To contact Positive Compliance Action call John de la Rue on 0408 765 125.

crgESSENTIALS provides trade practices and compliance training to Government and other organisations.  For more information contact Greg d'Arville (right) on 0414 250025.

2010

July 2010 (edition 36): New Australian consumer law – the details. New ACC powers – unconscionable conduct, pyramid selling and false or misleading conduct. Infringement notices and substantiation notices. National unfair contract terms law comes into effect. Forthcoming changes. Enforcement action – claims and scams, cartels.

April 2010 (edition 35):  STOP PRESS: The Australian Consumer Law reforms, outlined in the January 2010 edition, were endorsed by the Senate on March 17  (further details in the July edition) ... Summer safety concerns – product safety issues ... ACCC Enforcement Part V cases – generous remedies ... “Endorsed by the ACCC” – really? ... notes on recent cartel cases (price fixing, agreement to withdraw from a procurement process, prevention of a collective boycott).

January 2010 (edition 34): The strategy document published by the Ministerial Council on Consumer Affairs, outlining a “new approach to consumer policy” ... concerns of the current Victorian Bushfires Royal Commission relating to bushfire bunkers ... ACCC goes to bed (three cases involving the sale of beds) ... the sale of “extra virgin olive oil” ... price fixing and market sharing by truck retailers.

  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004 & earlier

October 2009 (edition 33): Privacy and the TPA – acting in breach of a published privacy policy as misleading or deceptive conduct.  Small businesses beware: renewal scams, franchising.  Part IV enforcement – air freight, cartels.  ACCC authorisations – Sydney Councils' Waste Management Initiative.

July 2009 (edition 32):  An upsurge in visible ACCC activity around alleged cartel behaviour (price fixing, market sharing) — marine hoses, air freight matters, Patrick-P&O settlement, Australian Karting Association, DRS C3 Systems — other enforcement action, including unconscionable conduct, Part V.

April 2009 (edition 31): COAG agreement on a new consumer policy framework — the Australian Consumer Law, collective bargaining issues — record labels, health funds, newsagents, home loans, chicken growers, owner-drivers, “contactless” payment, anti-competitive taxi roster system, airline price fixing, misleading price claims, dumbest deception of 2009?.

January 2009 (edition 30): Clarity in pricing (amendment to TPA), immunity for cartel whistleblowers, VCEC annual report - CN complaints & queries, status of complainant, air freight cartel, proceedings for 3rd line forcing, false claims.

October 2008 (edition 29): When is a flood not a flood? ... interim authorisation for waste management and recyclables finalised ... costing methodology for recreation centre under NCP ... consumer issues in telecommunications.

July 2008 (edition 28):  “Biggest TPA Reform in over 20 Years”, waste management in central Queensland, the perils of pricing — two-price advertising.

April 2008 (edition 27): Major inquiries (petrol and groceries) ... green marketing ...VCEC issues two new Guidance Notes to assist Councils in competitive neutrality reviews.

January 2008 (edition 26): Record penalty for price fixing - the box cartel, the abalone cartel, advisers fail to advise ... resale price maintenance (Navman) ... secondary boycotts, Next G.

October 2007 (edition 25): Echuca paddlesteamers, price fixing and cartels - Qantas, stevedores, airconditioning, north Queensland pubs, funeral celebrants, ANZ & mortgage refunds, medical cartels ... ACC action against Google and Trading Post ... dodgy phone coverage.

July 2007 (edition 24): Canberra affairs, TPA amendments.

April 2007 (edition 23): Outcome of authorisation applications.

January 2007 (edition 22): Authorisation applications.

October 2006 (edition 21): On the road(s) again, livestock saleyards.

July 2006 (edition 20): CN in food safety handling.

June 2005 (edition 16): Unconscionable conduct law explained ... collective tender with waste management providers ... catalogue advertising ... anti-competitive liquor deals.

March 2005 (edition 15): Competitive Neutrality ... misleading warranty claims ... alleged boycott ... alleged market sharing agreement ... Federal Court orders $23.3 million in penalties for petrol price fixing ... pet futon claims.

For 2004 and earlier use the drop-down menu below:

Legislation Newsletter

We maintain a newsletter on our related legislationservices website.   The newsletter – Legislation Newsletter – deals with legislation, including the development of policy, legislative drafting and review of legislation.

The current issue, April 2010, presents some statisics on who drafts what, and why, for the Australian Parliament.  We also find a new meaning for the term “moral hazard” – it isn't what you think (unless you are an economist!).  To download Legislation Newsletter click here.