Competition, Trade Practices & Regulatory
FocusPapers in the area of Competition, Trade Practices and Regulatory
The ACCC's Tough New Stance on Merger Clearance
7 June 2010
Author: Laura Hartley, Partner
Practice area: Competition, Trade Practices & Regulatory
The ACCC is increasingly identifying concerns with mergers or acquisitions which have a substantial impact on competition in a local or regional market. A recent example is the ACCC's consideration of Murray Goulburn's (MG) proposed acquisition of Warrnambool Cheese and Butter Factory Company (Warrnambool), which resulted in MG's withdrawal of its request for merger clearance on 2 June 2010. This paper summarises the key competition concerns raised by the ACCC in its consideration of MG's proposed acquisition of Warrnambool and identifies recent amendments to the mergers provisions of the Trade Practices Act 1974 (Cth) (TPA) that may increase the ACCC's scrutiny of acquisitions that impact on competition in local and regional markets in the future.
Direct Selling/Multi-Level Marketing - How will Phase 2 of the Proposed Australian Consumer Law Reforms Affect Your Business?
17 May 2010
Author: Jamie Nettleton, Partner, Laura Hartly, Partner and Andrew Dawson, Special Counsel
Practice areas: Competition, Trade Practices & Regulatory and Marketing & Advertising
Australian direct selling organisations (DSOs) are likely to be impacted significantly if the changes proposed by the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (ACL) become law. Of particular concern are the provisions targeting door-to-door selling, telephone sales and other forms of direct selling which do not take place in a retail context.
Phase 1 of the Australian Consumer Law reform process begins!
16 April 2010
Author: Laura Hartley, Partner and Jamie Nettleton, Partner
Practice areas: Competition, Trade Practices & Regulatory and Marketing & Advertising
* New civil penalties and enforcement powers for the ACCC and ASIC significantly change the regulatory environment for Australian businesses as phase 1 of the Australian Consumer Law (ACL) reform process began 15 April 2010. * Unfair consumer contract provisions to take effect from 1 July 2010. * Phase 2 of the Australian Consumer Law reform process is expected to commence on 1 January 2011.
Proposed Section 7 Declaration: Products in Capsule, Tablet or Pill Form are Therapeutic Goods (Medicines) - Deadline for submissions: Monday 30 November 2009
10 November 2009
Author: Jamie Nettleton, Partner
Practice area: Competition, Trade Practices & Regulatory
The Therapeutic Goods Administration ("TGA") is proposing changes to the Therapeutic Goods Act 1989 ("Act") that would result in the form of a product being a key factor in determining whether it constitutes a medicine or a food.
Horticulture Code of Conduct -Potential Changes- The Horticulture Code Committee is seeking submissions from affected industry sectors (including processors, exporters and retailers) in respect of recommendations made by ACCC to amend and improve the Code
28 January 2009
Author: Jamie Nettleton, Partner and Robin King, Senior Associate
Practice area: Competition, Trade Practices & Regulatory
The Horticulture Code Committee is seeking submissions from affected industry sectors (including processors, exporters and retailers to whom the Code may soon apply) in respect of recommendations made by ACCC to amend and improve the Code. Submissions from industry should be submitted by 6 February 2009.
Trade Practices (Horticulture Code of Conduct) Regulations 2006
10 May 2007
Author: Jamie Nettleton, Partner
Practice area: Competition, Trade Practices & Regulatory
The Horticulture Code of Conduct ('the Code') commences on 14 May 2007. The Code is mandatory and applies to all transactions between growers and wholesalers of fresh fruit, vegetables, nuts, herbs and other edible plants. No business can be conducted between growers and wholesalers unless a horticultural produce agreement prepared in accordance with the Code is signed.