
Still under construction
Please note that the site is still under construction; it is hoped that it will be complete by the end of 2009

Please note that the site is still under construction; it is hoped that it will be complete by the end of 2009
The ACCC has instituted proceedings against Vanderfield Pty Ltd, Sci-Fleet Motors Pty Ltd and several individuals alleging price fixing and market sharing in the sale of trucks. See ACCC Press Release.
The ACCC has released a Revised Immunity Policy for Cartel Conduct and associated interpretation guidelines. They will come into operation when the new cartel provisions come into force (28 days after receiving Royal Assent - 24 July 2009). In addition to setting out the process for obtaining immunity for civil cartel conduct the new policy sets out the procedures for obtaining immunity in relation to criminal cartel offences, including the role of the Commonwealth Director of Public Prosecutions (CDPP) (see, in particular, Annexure B of the Prosecution Policy of the Commonwealth.
The Criminal Cartel Bill received Royal Assent on 26 June 2009 - it is now an Act (Act no 59 of 2009) and the cartel provisions will enter force after 28 days (24 July))
The new Unit Pricing Code came into operation today and larger supermarkets and online retailers must comply by 1 December. The ACCC today released a guide to assist grocery retailers. The Code requires placement of the cost of a standard unit of measurement against the selling price of the item (eg, price per litre or per 100g).
The ACCC has instituted proceedings against Cabcharge alleging misuse of market power in providing non-cash taxi fare payment processing services and taxi specific payment products and also that it has entered into in anticompetitive argeements contrary to section 45 of the TPA. See ACCC Press Release.
The ACCC has instituted proceedings against DRS C3 Systems, alleging cartel conduct in the international military defence training systems industry. The claims relate to an alleged market sharing agreement, pursuant to which DRS would 'withdraw from a proposed procurement of an air combat manoeuvring instrumentation (ACMI) system by the Commonwealth of Australia'. See ACCC Press Release.
The ACCC has indicated it will not opposed Woolworths' proposed acquisition of organic supermarket 'Macro Wholeoods Market', concluding it is unlikely the merger will substantially lessen competition in the relevant organic food and grocery markets. See press release and ACCC Mergers Register.
The senate amendments to the Criminal Cartel Bill were agreed to by the House of Representatives today. The bill is now awaiting assent; the operative provisions will come into operation 28 days after tbe bill receives assent.
The Criminal Cartel Bill has passed through the Senate with 20 amendments.
The Deadline for submission relating to the second government creeping acquisition discussion paper, 'The Way Forward' has been extended from 12 June to 14 July.
Janome Australia Pty Ltd, a wholesaler of sewing and quilting machines etc, and its managing director have admitted engaging in resale price maintenance (RPM) between February and April 2008. The conduct in question involved Janome seeking to impose a Minimum Advertised Price Policy on its retailers, prohibiting them from advertising products at any price lower than that set by Janome. Following concerns raised about the conduct by the ACCC, Janome ceased the conduct and offered court enforceable undertakings. It has admitted the contravention and undertaken not to engage in the similar conduct in the future. Janome will also: "* implement and maintain a trade practices law compliance program for three years * write to all its retailers advising them of its conduct and that it has breached the Act * publish a corrective notice on its website, and * publish a full page corrective notice in Australian Stitches and Embroidery and Cross Stitch magazines." See ACCC Press Release.

My competition law publications online.
This site is designed to provide resources relating to Australia's competition laws. It includes breaking news, publications, links to relevant cases and legislation and other key resources.
For comments, suggestions or notification of dead links please contact Julie Clarke.
School of Law
Deakin University
Geelong Vic 3217
Australia
Ph: +61 3 5227 2742
Email: jclarke@deakin.edu.au
