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Australia Australian Consumer Law Australian Competition and Consumer Commission (ACCC)

K&L Gates LLP

Unfair Contract Terms Continue to be a Major Enforcement Priority for ASIC and the ACCC: Prosecutions of PayPal and Auto & General...

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In Brief - Following reforms to the unfair contract terms (UCT) regime on 9 November 2023, the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) are...more

White & Case LLP

ACCC announces its Compliance and Enforcements Priorities for 2024/25

White & Case LLP on

Gina Cass-Gottlieb, Chair of the Australian Competition and Consumer Commission (ACCC), this week announced the ACCC's 2024-25 Compliance and Enforcement Priorities.1 The ACCC's priorities continue to be shaped by the key...more

K&L Gates LLP

Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and...

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In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more

Seyfarth Shaw LLP

How will the potential ban of employment restraints affect Australian employers?

Seyfarth Shaw LLP on

Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more

K&L Gates LLP

Is 'Freedom-Washing' the New Greenwashing, and What are its Legal Consequences?

K&L Gates LLP on

Companies will often make representations about modern slavery as part of their environmental, social and governance (ESG) measures.  In this article, we consider whether potentially false or misleading claims about modern...more

Latham & Watkins LLP

Australian Competition and Consumer Commission Adopts Tougher Stance on Greenwashing

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The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more

Cadwalader, Wickersham & Taft LLP

Australian Competition Regulator Releases Draft Guidance on Greenwashing

In July 2023, the Australian Competition and Consumer Commission (ACCC) released draft guidance for businesses making environmental and sustainability claims (the Draft Greenwashing Guidance). The Draft Greenwashing Guidance...more

K&L Gates LLP

The ACCC's Eight Commandments for Environmental and Sustainability Claims and Avoiding Greenwashing and Breaches of the Australian...

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IN BRIEF - The Australian Competition and Consumer Commission (ACCC) has just issued its long anticipated guidance on the making of environmental and sustainability claims. The ACCC has set out eight principles which, in its...more

White & Case LLP

ACCC issues draft greenwashing guidelines

White & Case LLP on

As we shift towards a carbon neutral economy, businesses are increasingly using environmental claims as a point of differentiation. Any representations made, including to consumers, other businesses or investors, must be...more

White & Case LLP

Misleading or deceptive conduct – considerations for business

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The false, misleading or deceptive conduct prohibitions that are enshrined in the Australia Consumer Law (ACL) – Schedule 1 to the Competition and Consumer Act 2010 (CCA) – apply to representations made to any person or...more

K&L Gates LLP

So You're Green – Prove It or Be Prosecuted: ACCC Sweep Finds 57% of Green Claims "Concerning"

K&L Gates LLP on

In brief - The ACCC has published the findings of its recent internet sweep of environmental and sustainability marketing claims made by businesses. Across 247 company websites, the ACCC found that 57% of businesses had made...more

White & Case LLP

Australia to increased its maximum civil competition & consumer law penalties

White & Case LLP on

Maximum civil penalties for competition and consumer law breaches by companies and individuals are set to increase in Australia following the passing of the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022....more

K&L Gates LLP

Franchisor (Jim's Group – Dog Wash Division) To Pay AU$24,420 in Penalties

K&L Gates LLP on

The ACCC reported today it issued two infringement notices to be paid by Jim's Group Pty Ltd (in its capacity as franchisor of the Jim's Dog Wash franchise)....more

K&L Gates LLP

Changes to ACL Mandatory Wording for Warranties Aganist Defects. Are you Ready?

K&L Gates LLP on

IN BRIEF - In June 2018, changes were made to the Competition and Consumer Regulations 2010 (Regulations) which require manufacturers and suppliers to include mandatory wording for warranties against defects of services...more

K&L Gates LLP

Penalties for Australian Consumer Law Breaches Increase Tenfold (if not More)

K&L Gates LLP on

In Brief - On 23 August 2018, Federal Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Bill) to substantially increase the maximum financial penalties for contraventions of the Australian...more

Jones Day

Game Over: Australian High Court Dismisses Valve's Appeal of Penalty

Jones Day on

As a result of its dismissal of an appeal from video game publisher Valve in April 2018, the High Court of Australia has affirmed that overseas-based companies that sell to Australia must abide by the Australian Consumer Law...more

Jones Day

Antitrust Alert: ACCC Pushes for General Safety Provision on Sale and Marketing of Products

Jones Day on

The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards the introduction of a General Safety provision within the...more

Jones Day

ACCC Increases Enforcement of Consumer Guarantees Against Airlines

Jones Day on

The Situation: Following consumer complaints, the Australian Competition and Consumer Regulator ("ACCC") has released a report reminding airlines of obligations when dealing with the flying public. Looking Ahead: The ACCC...more

Jones Day

Australian Competition & Consumer Law Update - November 2017

Jones Day on

The Australian competition law environment has undergone some important changes of late. In this Update, we discuss the Australian Competition and Consumer Commission's ("ACCC") increasing focus on the unfair contracts...more

Jones Day

Terms and Conditions Land Online Trader in Difficulty in Australia

Jones Day on

The Ruling: A computer retailer was order to pay a fine for violating the Australian Consumer Law. The Impact: Businesses must ensure that the terms and conditions in their warranty notices comply with the law, or risk an...more

K&L Gates LLP

ACCC Continues Probe into Offers of Extended Warranties

K&L Gates LLP on

In Brief: - The Australian Competition and Consumer Commission (ACCC) has accepted an undertaking from an underwriter, Virginia Surety Company, Inc. (VSC) about VSC's offering of Extended Warranty products – following...more

K&L Gates LLP

Are You Ready for the Extension of the Unfair Contract Terms Regime to Small Business?

K&L Gates LLP on

In Brief: Since 2010, the Australian Consumer Law (ACL) and the ASIC Act have prohibited and made void terms in standard form contracts with consumers that were unfair. From 12 November 2016, the Unfair Contract Terms...more

K&L Gates LLP

Truth in Advertising - An Overview of Recent Contraventions of the Misleading and Deceptive Conduct Provisions of the Australian...

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The Australian Competition and Consumer Commission (ACCC) continues to focus on misleading and deceptive advertising and communication strategies adopted by businesses selling products and services as an enforcement priority....more

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