Latest News and Developments

 

11 December 2008 - Qantas fined $20m for price fixing
Qantas has been ordered to pay $20m in pecuniary penalties for price fixing in relation to air cargo fuel surcharges between 2002 and 2006. The amount of the penalty takes into account the "high cooperation" by Qantas during the ACCC's investigation. Qantas were also ordered to pay $200,000 toward the costs of the ACCC. Reasons will be published by Justice Lindgren in January. See ACCC press release.

4 December 2008 - Cartel bill referred to Senate Committee
The Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 has been referred to the Senate Standing Committee on Economics for report by 20 February 2009. Submissions to the Committee are due on 20 January 2009. View the Inquiry home page.

4 December 2008 - Collective Bargaining for wagering and racing broadcasts
The ACCC has not objected to a collective bargaining notice given by ClubsNSW to negotiate with Tabcorp and Sky Channel on behalf ot its 332 members for purposes of determining 'terms and conditions, including fees, for the supply of wagering and racing broadcast services'. See Press Release.

3 December 2008 - Skins penalised $120 000 for RPM
Skins Compression Garments Pty Ltd (Skins), which supplies "Skins" sports compression garments, has been penalised $120,000 for engaging in resale price maintenance contrary to s 48 of the TPA. The RPM consisted of one of its agents inducing an Adelaide retailer not to advertise Skins products at a discount and, on other occassions, attempting to induce that retailer not to advertise Skins products at a discount. See further Press Release

3 December 2008 - EU Publishes Guidance on abuse of dominance (Article 82)
The EU has published the much anticipated guidance on Article 82, emphasising a focus on protecting consumers, and of protecting competition and not individual competitors, and providing for an 'effects-based' approach to assessing exclusionary conduct. The guidance can be viewed here.

3 December 2008 - Criminal Cartel laws introduced Chris Bowen MP today introduced into Parliament the long anticipated criminal cartel laws which will, if passed, see cartel participants facing jail terms of up to 10 year. See Press Release. The Bill and EM can be viewed here.

1 December 2008 - ACCC and CDPP released revised MOU for cartel matters
The ACCC and CDPP have released a revised MOU for the investigationa nd prosecution of criminal cartel matters (see ACCC Press Release or CDPP Press Release). The CDPP has also released an Annexure to the Prosecution Policy of the Commonwealth, outlining its policy in considering immunity applications for persons implicated in a serious cartel offence; they will adopt the same criteria as the ACCC in determining applications. The ACCC also released revised immunity guidelines which will come into operation if and when the criminal cartel laws come into force. The revised guidelines, CDPP annexure and MOU can all be viewed here.

26 November 2008 - NZ Merger Guidelines
The NZ Commerce Commission has issued Mergers and Acquisitions Clearance Process Guidelines. View Guidelines here. View the NZCC Media Release.

26 November 2008 - UK Merger Remedy Guidelines
The Commerce Commission (UK) has published new Merger Remedy Guidelines (CC8)

25 November 2008 - BHP drops takeover bid for Rio Tinto
BHP has dropped its bid to takeover Rio Tinto. BHP had earlier received clearance from the ACCC and US DOJ to proceed with the merger. See Rio Tinto Offers No Longer In The Best Interests Of BHP Billiton Shareholders

22 November 2008 - Misuse of market power amendments come into operation
The Trade Practices Legislation Amendment Act 2008 (Cth) was assented to on 21 November and came into operation on 22 November. You can view the changes to s 46 on the misuse of market power page.

21 November 2008 - New Merger Guidelines Released Today the Chairman of the ACCC released the final version fo the Guidelines which now officially replace the 1999 Guidelines. Click here for more.

 

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About this site   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 International: International Competition Law Contract: Australian Contract Law Staff page: Julie Clarke Law School Staff Page Research page: Deakin Law School Research Page