On 28 February 2022, the Australian Competition and Consumer Commission opened a public consultation on options for legislative reform to address concerns relating to the perceived dominance of certain digital platform services in Australia. The consultation discussion paper outlines options for addressing potential perceived harms to competition, consumers, and business users across a range of digital platform services markets, such as the social media, search, app, online retail and ad tech markets.

Australia’s competition regulator has argued for sweeping reforms to impose significantly higher barriers to proposed mergers. The Australian Government treasury also released an exposure draft on 23 August 2020 detailing a range of proposed reforms to the unfair contract terms regime, including pecuniary penalties on companies and individuals. Nero Tapware admitted it likely engaged in RPM by withholding supply of its products to a small retailer that failed to increase prices. The ACCC has reiterated the need for additional regulation to address its concerns about the dominance of digital platforms.

In Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511, the Federal Court has handed down an important decision which highlights the dilemma that may be faced by an immunity applicant in complying with its duty to provide full, frank and truthful disclosure and to co-operate under the ACCC’s Immunity and Cooperation Policy for Cartel Conduct (ACCC Policy) and maintaining legal professional privilege over witness accounts provided to solicitors at an early stage in an investigation.

ACCC announces its compliance and enforcement priorities for 2021
Shipping company criminally convicted and fined AUD 24 million for cartel conduct
Sporting goods wholesaler fined AUD 350,000 for resale price maintenance
ACCC continues digital platforms focus

On 19 March 2021, the Full Federal Court allowed an appeal in the matter of ACCC v Quantum Housing Group Pty Ltd [2021] FCAFC 40.  The Full Court judgment provides important clarification of the elements required to establish statutory unconscionable conduct under s 21 of the Australian Consumer Law (“ACL”).

The critical finding of the Full Court is that although some form of exploitation or predation upon some vulnerability or disadvantage will often be a feature of unconscionable conduct, it is not a necessary element of unconscionable conduct under s 21 of the ACL.

Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year.

Mr Sims identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2021.

In brief Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year. Mr Sims identified a range of industry sectors, as well as specific…

In brief Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year. Mr Sims identified a range of industry sectors, as well as specific…

Yesterday, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, announced the ACCC’s compliance and enforcement priorities for 2021 and the market studies and advocacy work that the ACCC would continue this year.

Mr Sims identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2021.

The NSW Fair Trading enforcement grace period for new disclosure obligations added to the Fair Trading Act 1987 (NSW) expires on 31 December 2020. The changes commenced on 1 July 2020 and imposed new disclosure obligations on affected businesses. The new disclosure obligations require:

suppliers to disclose terms or conditions of contracts that substantially prejudice consumers. The disclosures must be made before the business supplies the goods or services;1 and
intermediaries to disclose the financial incentives arrangements they have with suppliers. The disclosures must be made before the business acts under an arrangement where it may receive a commission or referral fee.2