WHAT's HOTParliamentary link issuesThe APH website has been re-developed and this has destroyed all existing URL's (including 'permalinks'). I am in the process of updating any parliamentary links on the site but some may temporarily be outdated. Petrol investigationThe ACCC has taken the unusual step of announcing it is investigating 'price information sharing arrangements in the retail petrol industry'. View press release. Price signalling
The government's price signalling legislation will commence on 6 June 2012. Regulations initially apply the law only to the banking industry. Metcash decision |
Welcome
This site is designed to provide resources relating to Australia's competition laws. It includes breaking news, a blog, a summary of the law and its application, case summaries, links to research ('reading room'), annotated legislation and legislative history of the Act, links to reports (and related submissions), guidelines, judicial profiles, a chronology of Australian competition law, profiles of Australian competition law experts, and more. It will be expanded and updated regularly.
For comments, suggestions or notification of dead links please contact Julie Clarke
Latest Competition Law News & Commentary
16 May 2012 - ACCC calls for comment on Woolworths/Lowe's proposed acquisition of G Gay & Co hardware stores
The ACCC has released a Statement of Issues on the Woolworths/Lowe's JV's proposed acquisition of three hardware stores. View press release. View merger register. Deadline for submissions is 1 June with decision deferred until July 5.
16 May 2012 - ACCC grants interim approval to Emirates and Flydubai's Affiliation Agreement
The ACCC 'as granted interim authorisation for a proposed Affiliation Agreement between Emirates and the Dubai Aviation Corporation, trading as Flydubai.' View press release. View authorisation register.
16 May 2012 - ACCC grants interim approval for Etihad and Air Berlin to start implementing their aviation alliance
The ACCC 'has granted interim authorisation to Etihad Airways and Air Berlin to engage in joint pricing, scheduling and marketing of air passenger services between Germany and Australia.'. View press release. View authorisation register.
16 May 2012 - Petrol media
Plenty of media coverage on the ACCC's investigation of petrol prices. See, for example, Malcolm Maiden, 'ACCC's petrol fixation' (Brisbane Times, 16 May 2012).
15 May 2012 - Price signalling media
The ACCC's petrol investigation has sparked some media coverage on the price signalling laws soon to be applied to the abnking industry. See, for example, Clancy Yeates, 'ACCC chews at muzzle over price signalling' (Brisbane Times, 15 May 2012).
10 May 2012 - ACCC authorises Corporate Alliance between Virgin Australia and Skywest Airline
The ACCC 'has granted authorisation to a Corporate Alliance between Virgin Australia and Western Australian carrier, Skywest Airlines for five years. The Corporate Alliance will allow the airlines to offer bundled air passenger transport services to corporate customers who seek an integrated suite of charter, domestic and international services, such as mining companies with large fly-in-fly-out workforces'. View press release. View authorisation register.
8 May 2012 - King, Durie, Sims and Price Signalling
Stephen King recently interviewed Graeme Samuel, including discussing the new price signalling laws. In the interview, Samuel acknowledges that price signalling 'had little to do with the banks at all' and 'is really all about petrol' (last week his successor, Rod Sims, similarly observed that the genesis for the laws was petrol and not banking practices). Samuel also notes that the changes to the laws as they passed through Parliament have rendered them next to useless.
Today the Australian's Jamie Durie referred to the interview and Sims' speech, noting the 'stupidity' of the price signalling laws. King has responded, arguing that there are 'two parts to the price signalling laws - a really good bit and a useless bit.' The useless bit, he says, is the portion dealing with public price disclosure. On the other hand, he argues that 'laws against private price disclosures are sensible and strong' and should be extended.
5 May 2012 - Competition Law Conference
Chris Hodgekiss' Competition Law Conference was held in Sydney on the weekend. Among the speakers was ACCC Chairman, Rod Sims, who delivered a paper on 'ACCC Priorities in Enforcing Competition Law'.
3 May 2012 - ACCC investigates information sharing arrangements in the petrol industry
The ACCC 'has commenced a formal investigation into price information sharing arrangements in the retail petrol industry'. View press release.
2 May 2012 - APCA may continue operating High Value Clearning System
The ACCC has authorised APCA to continue operating its High Value Clearing System. View press release.
26 April 2012 - ICN 2012: New Chair, New Priorities
The ICN held its 11th annual conference in Rio de Janeiro last week. Eduardo Pérez Motta, head of Mexico's Federal Competition Commission (CFC) succeeds John Fingleton (Chief Executive of the United Kingdom's Office of Fair Trading) as chair. View ICN blog item. View conference home page.
19 April 2012 - ACCC releases NBN non-discrimination guidelines
The ACCC has issued 'final guidelines on non-discrimination for NBN and superfast telecommunications networks'. View press release.
19 April 2012 - ACCC reauthorises arrangements for WA real estate and business agents
The ACCC 'has granted conditional authorisation to arrangements between the Real Estate Institute of Western Australia (REIWA) and its members and consumers in WA'. View press release. View authorisation register.
13 April 2012 - ACCC authorises collective recycling tenders by Hunter councils
The ACCC 'authorised Hunter Resource Recovery and its member councils to collectively tender and contract for recycling services . View press release. View authorisation register.
12 April 2012 - ACCC proposes to authorise collective bargaining with Inghams
The ACCC 'has issued a draft decision proposing to allow South Australian broiler chicken growers to collectively bargain with Inghams for ten years.' View press release. View authorisation register.
12 April 2012 - ACCC authorises collective recycling tenders
The ACCC 'has authorised Hunter Resource Recovery and its member councils to collectively tender and contract for recycling services.' View press release. View authorisation register.
12 April 2012 - ACCC re-authorises collective bargaining for affordable funerals
The ACCC 'has re-authorised Retirees WA (Inc) to continue its collective bargaining for members' access to basic, pre-paid, low cost funerals.' View press release. View authorisation register.
12 April 2012 - Furniture and bedding retailers to collectively bargain
The ACCC 'has granted authorisation to arrangements which allow Homemakers Furniture and Sleepzone Bedding retailers to collectively bargain with a range of suppliers.' View press release. View authorisation register.
10 April 2012 - ACCC approves Foxtel acquisition of Austar
The ACCC has announced that it will not oppose the acquisition of Austar by Foxtel - subject to court enforeceable undertakings. View press release. View merger register.
5 April 2012 - ACCC to announce decision on Austar-Foxtel merger on 10 April
The timeline has recommenced in relation to the ACCC's informal assessment of the Austar-Foxtel merger with the proposed date for the ACCC's announcement now listed as 10 April. The review commenced on 26 May 2011. View merger register (including timeline). See also, eg, Darrin Davidson, 'ACCC to announce decision on Austar-Foxtel merger on Tuesday' (The Australian, 5 April 2012)
5 April 2012 - Court finds telecommunications bundling to be third line forcing
The Federal Court today made declarations by consent that Clear Telecoms (Aust) Pty Ltd engaged in third line forcing in relation to the sale of bundled deals of telecommunication services and equipment rental agreements to two small businesses in 2008. The 'third line forcing in this matter was the tie between the supply of telecommunication services with call credits and the rental of equipment through a finance company. '. View press release.
5 April 2012 - ACCC proposes to authorise service agreement between copyright collecting societies
The ACCC 'proposes to allow Viscopy Ltd and Copyright Agency Ltd to enter into a service agreement under which Copyright Agency will manage and administer the day-to-day operations of Viscopy’s business'. View press release.
