Exclusivity Clauses in Distribution Agreements – The New Frontier in terms of Record Fines
Over August and September 2018, the Federal Court imposed penalties of $11.95 million against a variety of companies, with a director of one of the companies personally ordered to pay $350,000, as a result of illegal exclusivity clauses in the distribution agreements between the companies.
Life's not so good for LG
A few weeks ago, the ACCC won on appeal just 2 of the 19 counts of false or misleading conduct which it had brought against LG.
After a gritty two and a half year battle in the Federal Court, it’s hardly a satisfying result for either the ACCC or LG. The case has been remitted to the trial judge for sentencing, where LG will be facing pecuniary penalties of up to $1.1 million for each breach of the ACL.
Harper Reforms - what you need to know
On 6 November 2017, significant changes to Australia’s competition laws came into effect, introducing some of the key recommendations of the 2015 Harper Competition Policy Review.
New country of origin food labelling laws – a ‘true blue’ win for consumers?
Reforms to the laws covering country of origin labelling (CoOL) for food were recently given the go ahead by Federal, State and Territory ministers.
Small business extension to the ACL’s unfair contract terms protections to take effect in November 2016
On 12 November 2015, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill) was enacted, extending the reach of the current unfair consumer contract terms protections to small business.
Draft legislation before Federal Parliament to extend the ACLs unfair consumer contract terms protections to B2B contracts
The Federal Government is pushing ahead with its proposal to extend the reach of the current unfair consumer contract terms protections to small business by tabling draft legislation before Parliament.
Credence claims remain on the ACCC's watch list - could you be the focus of their attention?
Credence claims in the food and beverage sector were the subject of keen interest by the ACCC throughout 2014 – and this interest is expected to continue unabated in 2015.
ACCC Chairman Rod Sims told a CEDA Conference early in 2014 that misleading credence claims ‘tilt the playing field away from suppliers who are innovating and doing the right thing’.
The Federal Court views breaches of the Australian Consumer Law (ACL) very seriously. As at September 2014, 14 cases brought by the ACCC under the ACL have seen penalties awarded in excess of $1 million each.