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ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law

The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more

Australia Publishes Draft Antitrust Guidance on Sustainability Collaborations

The Development: Recently, the Australian Competition and Consumer Commission ("ACCC") published draft guidelines designed to assist businesses to understand how they can collaborate on sustainability initiatives without...more

Australia Proposes Major Reforms to Merger Review Regime

The Background: The Australian Federal Treasurer recently announced sweeping reforms to Australia's merger review regime. These reforms will overhaul the current merger review regime in Australia to introduce mandatory filing...more

Australia Significantly Increases Competition and Consumer Law Penalties; Expands "Unfair Contract Terms" Regime

Australia has significantly increased penalties for competition and consumer law breaches and also expanded the scope of the law that prohibits unfair contract terms ("UCT")....more

ACCC Warns Against Bid Rigging in Public Tenders

The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. ...more

Australia Introduces the Offshore Electricity Infrastructure Bill 2021

The Background  - Despite plentiful natural resources and a healthy domestic demand for energy, Australia's offshore renewable energy sector has lagged behind comparable jurisdictions. While the offshore wind sector is...more

ACCC Proposes Substantial Changes to Australian Antitrust Merger Review

Recent Merger Review and Litigation in Australia  - Australia's antitrust merger laws have remained largely unchanged since 1993. The law prohibits the acquisition of assets or shares with the effect or likely effect of...more

Australia Obtains First "Misuse of Market Power" Settlement Under Amended Competition Law

Australia's competition authority settles allegations that port operator misused its market power. The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the...more

Epic Games Alleges Apple Abused Market Power Under Recent Australian Competition Law Amendments

Fortnite game maker Epic Games brings dispute with Apple to Australia, alleging "misuse of market power." Epic Games, developer of the popular game Fortnite, filed proceedings in the Federal Court of Australia alleging...more

Australian Energy Regulator Enforces $1.3M Pecuniary Penalty for Breach of Reporting Obligations

Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court...more

ACCC Brings Resale Price Maintenance Enforcement Action

A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and...more

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