The expected charges follow an investigation by the ACCC. They will involve alleged cartel arrangements relating to trading in ANZ shares.

The ACCC's media release follows an announcement by the ANZ to ASX in which it states that it was advised yesterday that the CDPP intends to commence cartel proceedings against the bank.

View ACCC media release.

See ANZ announcement to ASX.

See also James Eyers, 'ANZ hit with criminal cartel charges' (AFR, 1 June 2018), 'ANZ facing legal action over alleged cartel conduct' (The Australian, 1 June 2018) and Clancy Yeates, 'ANZ Bank facing cartel prosecution' (SMH, 1 June 2018).

The ACCC originally instituted proceedings in February 2014 and decided on 25 February 2015. The appeal was heard in November 2015.

View ACCC media release.

The reasons for decision (approx 200 pages) are now available here.

View my case page.

See also Christine Caulfield, 'ACCC loses appeal in Pfizer misuse of market power case' (Lawyerly, 25 May 2018), Misa Han, 'ACCC loses competition law case against Pfizer again' (AFR, 25 May 2018) and Reuters, 'ACCC loses appeal against Pfizer over Lipitor sales' (SMH, 25 May 2018).

The authorisation follows a draft determination proposing to re-authorise in April this year.

View ACCC media release.

View authorisation register.

View ACCC media release.

View merger register.

See also Mark Ludlow, 'ACCC raises red flag on Transurban's bid for WestConnex' (AFR, 17 May 2018), Matt O'Sullivan, 'ACCC fears Transurban will gain too much advantage from WestConnex buy' (SMH, 17 May 2018), Chanticleer, 'ACCC draws line in the road for Transburban' (AFR, 17 May 2018), Samantha Bailey, 'ACCC flags competition concerns over Transurban taking stake in WestConnex' (17 May 2018).

Part of the explanation for the increased penalty was that the Full Court found that the maximum penalty for each contravention was $18m, not $10m, based on 'the proper construction of s 76(5)' of the Act (defining annual turnover for purposes of the calculation of penalty) and because the Full Court held that the penalties should not be limited to two 'courses of conduct' but instead should be imposed on five separate contraventions.

The judgment can be found here, accompanied by a summary judgment.

Plenty of media: Misa Han, 'Japanese car parts supplier Yazaki gets record fine for cartel' (AFR, 16 May 2018), Nick Toscano, ''Huge step': Australian companies on notice after massive fine' (SMH, 16 May 2018). See also ACCC media release.

More details to follow on my case page.

The new submissions are largely from individuals (David Nebe, Karl Goiser, Margaret Simons (A/Prof, School of Media, FIlm and Journalism, Monash University), Simon M, Teresa K and Tony Healy ), with a revised submission from the SBS and a submission from MediaScope also published today:

Consumer Questionnarire Responses have also been published

New submissions can be viewed here.

View ACCC media release. View

'While we understand the important benefits a dedicated cruise ship terminal would bring to Brisbane, we have concerns that parts of the agreement between the Port of Brisbane and Carnival would limit consumer choice and entrench Carnival as the dominant cruise operator in Brisbane for 15 years. That’s why we have approved this agreement with two conditions'

The first condition restricts the days Carnival can book the terminal (no more than two of three 'weekend' days) and the second is that ' if the terminal is expanded in the future to provide a second berth, Carnival cannot be given first right of refusal for an agreement which would give it first choice of days at that berth.'

View ACCC media release. View authorisation register.

The first sector designated is the banking sector, with the consumer data right coming in response to the Open Banking Review.

The ACCC is establishing a dedicated 'Access to Data Unit' to undertake these new functions and will work closely with the Office of the Australian Information Commissioner, Data Standards Body and industry in relation to implementation of the consumer data right.

See ACCC media release (9 May) and Australian Government, 'Consumer Data Right' (Treasury, 9 May 2018)

See also: Joseph Brookes, 'New Consumer Data Right Funding Set To Fuel Open Banking' (Which-50, 10 May 2018), Nadia Cameron, 'Budget 2018: Government set to shake-up consumer data rights with $44.6m investment' (CMO, 9 May 2018), Supratim Adhikari, 'Banks welcome phased launch of open banking' (The Australian, 10 May 2018), Dorinne Reichert, 'Budget 2018: Funding Australia's data-sharing framework' (ZDNet, 8 May 2018), Denham Sadler, 'Gov't backs open banking framework' (InnovationAus.com, 10 May 2018), Patrick Gunning, Hannah Glass and Smriti Arora, 'Consumer Data Right to be introduced in Australia in 2018' (KWM, 17 November 2017)

See ACCC Budget Portfolio statement.

See also Budget Paper No 4 on Agency Resourceing 2018-19.

Brent Fisse has now published his (slightly updated) paper from the conference - 'Australian Cartel Law: Biopsies'. The extensive paper discusses the state of Australian cartel law post-Harper. Fisse claims that post-Harper 'some patients remain in the wards' and that some 'detailed treatment plans may be called for'. The paper includes discussion of the concepts of 'arrangement an understanding', the ongoing issue of 'purpose' in s 45AD, cartel exemptions and some aspects of liability and sanctions (all discussed in this paper).

The associated PowerPoint as well as many more publications by Brent can be found on his website.

The ACCC has carefully analysed the potential of this proposed acquisition to disrupt Ten’s access to transmission services and affect competition for television content or advertising.

After consulting industry players, we consider that Broadcast Australia, which currently provides transmission services to the ABC and SBS, is a viable alternative provider of transmission services for Ten. We therefore consider it unlikely that the acquisition would substantially lessen competition in the content or advertising markets.

View media release.

View merger register.

For related proceedings, see Max Mason, 'Court rules Network Ten sell TX Australia stake for $1' (AFR, 1 May 2018)

The ACCC has now published public versions of submissions made in response to the Issues Paper released as part of the Digital Platforms Inquiry - 57 in total.

Submissions can be viewed here.

The ACCC will publish submissions made in response to the Issues Paper for the Digital Platforms Inquiry tomorrow.

See, eg, Darren Davidson, 'ACCC to reveal submissions into Google and Facebook' (The Australian, 2 May 2018).

The ACCC has released the final report arising from the dairy inquiry, including recommendations for a mandatory code of conduct to address problems associated with the imbalance in bargaining power between dairy farmers and processors.

ACCC Commissioner, Mick Keogh, also noted that the report also found 'no direct relationship between retail private label milk prices and farmgate prices' and that increasing supermarket pricing of private label milk would be unlikely to increase farmgate prices 'unless farmers have improved bargaining power in their negotiations with processors'.

View media release.

View Final Report on dairy inquiry home page.

View 'Dairy inquiry - farmers' guide to the final report'.

The ACCC has announced that it is 'proposing to grant authorisation for Tyre Stewardship Australia (TSA) to continue its revised Tyre Stewardship Scheme for a further six years.'

The scheme aims to increase the recycling of tyres and the use of recycled tyre products.

ACCC Commissioner, Roger Featherston, noted that the ACCC believes:

... the scheme is likely to result in a public benefit by reducing the number of tyres disposed of in landfill, illegally dumped, or exported overseas to be burned unsustainably for fuel ...'

View media release.

View authorisation register.

The ACCC has announced that it will not oppose the proposed acquisition of Tox Free Solutions Ltd by Cleanaway Waste Management Limited. While noting it was a 'complex matter' with a mix of views on competitive impact, the ACCC concluded that the merger was unlikely to substantially lessen competition.

According to ACCC Commissioner Roger Featherston:

Although there may be a lessening of competition in some waste streams, such as hazardous waste collection and processing, and used lubricating oil collection, we considered that, in this case, the proposed acquisition is unlikely to meet the threshold of a substantial lessening of competition ...

We concluded that the threat of customers switching to competitors would constrain Cleanaway from increasing prices or decreasing service levels to a significant extent in any waste stream or geographic area.

View media release.

View merger register.

There's plenty of media today relating to the ACCC's Digital Platforms Inquiry following the release of a number of submissions (not yet on the ACCC Inquiry page).

Public submissions include:

Google
(related blog: Hason Pellegrino, 'Consumers will determine the future of news' (23 April 2018))

Free TV
(related media release: 'Free TV calls for ACCC oversight of Facebook and Google (20 April 2018))

MEAA (Media, Entertainment and Arts Alliance)
(related media release: MEAA submission to the ACCC inquiry into digital platforms (10 April 2018))

No doubt there are more I've missed; I will add links to submissions as I find them on my Digital Platforms Inquiry page.

For media see, for example:

Jennifer Duke and John McDuling, 'Google defends role in media amid ACCC probe' (SMH, 23 April 2018)

Darren Davidson, 'Seven takes battle to tech giants' (The Australian, 23 April 2018)

Arvind Hickman, 'TV industry calls for mandatory third-party measurement of Facebook and Google' (AdNews, 23 April 2018)

Amanda Meade, 'Google tells Australian regulator it is not contributing to 'the death of journalism'' (The Guardian, 23 April 2018)

Paul Wallbank, 'Facebook and FreeTV Australia draw battle lines over ACCC digital platforms inquiry' (Mumbrella, 23 April 2018)

Tony Boyd, 'Facebook parries ad market "dominance" claims' (AFR, 22 April 2018)

John McDuling, 'The disconnect beneath Facebook's month from hell' (SHM, 22 April 2018)

Amanda Meade, 'Facebook and Google must be held to account, TV networks say' (The Guardian, 21 April 2018)

ACCC Chairman, Rod Sims, is talking penalties again in the context of investigating competition in the financial system, arguing for penalties in hundreds of millions of dollars.

See Richard Gluyas, 'ACCC plan for fines worth hundreds of millions of dollars' (The Australian, 23 April 2018).

See also 'Australia needs tougher penalties for banks, financial institutions, ACCC says' (RN Breakfast, ABC, 23 April 2018) (includes audio download) and AAP, 'ACCC boss backs massive fines for banks' (9 News, 23 April 2018).

Treasurer Scott Morrison has announced the appointment of Mick Keogh OAM as Deputy Chair of the ACCC for a five year period beginning at the end of May. Commissioner Keogh, who was appointed the ACCC's Agriculture Commissioner in 2016, will oversee the ACCC's small business work in addition to agricultural work.

Cristina Cifuentes and Sarah Court have been re-appointed for a further five years.

See ACCC media release and ACCC details of Chair & Commissioners.

See Scott Morrison press release announcing appointments.

Images (c) Commonwealth of Australia. Reproduced pursuant to CC BY 3.0 AU licence

The ACCC has announced it will not oppose the proposed merger of Piscine Luxembourg Holdings (Zodiac) and Fluidra SA, both global companies supplying residential swimming pool equipment.

The ACCC found that, although the deal combines would give the combined company significant market share in relation to some products in Australia, remaining competitors would provide sufficient post-merger competitive constraint.

See media release.

See merger register.

See Fluidra + Zodiac's 2017 You Tube announcement of merger.

View embedded podcast or view podcast page which includes a description of the podcast and links to related material.

This is the second guilty plea in relation to criminal cartel conduct, with Nippon Yusen Kabushiki Kaisha (NYK) pleading guilty in 2016 and receiving a $25m fine in 2017.

A sentencing hearing is scheduled for 15-16 November.

See ACCC media release.

See my case page for further details.

Someone's having fun with metaphors at the ACCC. In a speech to the AFR Banking and Weath Summit today titled 'Synchronised swimming versus competition in banking', ACCC Chairman, Rod Sims, spoke about the findings of the ACCC's interim report relating to the Residential Mortgage Price Inquiry and data as a driver of competition and stability in the abnking sector.

See Sims, 'Synchronised swimming versus competition in banking' (Speech to AFR Banking and Wealth Summit, 5 April 2018).

The report includes 28 recommentations and actions relating to competition and consumer issues.

See ACCC media release.

See report page.

When the matter first went to trial a penalty of $11m was imposed. The matter was appealed on issues of liability and penalty. The liability issue was appealed through the the High Court which delivered judgment in favour of the ACCC in December 2016. In May 2017 the Full Federal Court heard the penalty appeal and cross appeal. Almost a year later the penalty order was handed down.

See ACCC media release.

See case page.

See ACCC media release.

See Saputo-MG merger register.

See also Samantha Bailey, 'ACCC says Saputo promise to sell Koroit plant clears Murray Goulburn takeover' (The Australian, 4 April 2018), Warwick Long, 'ACCC approves Murray Goulburn sale to Saputo minus the Koroit factory' (ABC, 4 April 2018) and 'ACCC won't block Saputo, but Koroit must go' (The Australian Dairyfarmer, 4 April 2018).

See ACCC, 'ACCC will not oppose Moly-Cop’s proposed acquisition of Donhad' (Media Release, 29 March 2018)

See Merger Register: Moly-Cop - proposed acquisition of Donhad

See ACCC media release: ACCC allows joint marketing of NT gas

See Authorisation register: Central and Macquarie Mereenie

ACCC Commissioner, Roger Featherston, said:

'If MYOB acquired Reckon’s Accountants Group, it would likely be the only supplier of practice software suitable for medium to large accounting firms ...

'If MYOB has a monopoly on this software, it would substantially lessen competition. We think there’s a significant risk for customers that prices will increase and service levels will decrease.'

See ACCC, 'ACCC concerned with MYOB acquisition of Reckon assets' (Media Release, 29 March 2018)

See Merger Register: MYOB Group Limited - proposed acquisition of Reckon Limited's Practice Management Group

View merger register: Saputo Dairy Australia Pty Ltd proposes to acquire Murray Goulburn's operating assets.

See also: John Durie, 'ACCC delays decision over Saputo plan to buy Murray Goulburn' (The Australian, 28 March 2018), Andrew Marshall, 'ACCC still mulling dairy feedback on Saputo's MG takeover bid' (North Queensland Register, 28 March 2018), 'ACCC told to butt out of Saputo-MG deal' (The Australian Dairyfarmer, 29 March 2018)

Details, including presentation slides and related papers can be found on the CLEN website: Civil Penalties for Cartel Conduct: An OECD Review of the Australian Regime.

A copy of the report and related presentations made at Monday's OECD Workshop can be found on the Workshop home page. This includes the Keynote presentation by Frédéric Jenny, presentations by John Connor and Caron Beaton-Wells and a paper by Sir Marcus Smith.

 See also the ACCC's media release in response to the release of the report and a speech by the ACCC Chairman:

Rod Sims, 'Release of the OECD's Penalties for Competition Law Infringements in Australia report' (Workshop on Australian Pecuniary Penalties for Competition Law Infringements, Sydney, 26 March 2018)

The focus of the symposium was cartels and, particularly, effective cartel enforcement.

Congratulations to Dr Barbora Jedlickova and her colleagues at the TC Beirne School of Law for organising the event.

Abstracts of the papers can be found here (abstracts) with full papers to be published in a special edition of the University of Queensland Law Journal later this year.

The OECD today released its report, Pecuniary Penalties for Competition Law Infringements in Australia. The report, prepared by Pedro Caro de Sousa, Sean Ennis and Semin Park, of the OECD's Competition Division, compares pecuniary sanctions for competition law infringements in Australia to that of other major OECD jurisdictions.

The report concludes that 'Australia is an outlier' in relation to 'how low the pecuniary penalties it imposes are by comparison to all other systems'. Several possible explanations for this are discussed. In particular, the report details the different approach Australia takes to determining pecuniary penalties when compared with other jurisdictions. It recommends Australia consider action to 'ensure pecuniary penalties better deter anticompetitive conduct' (p 8)

See OECD, Pecuniary Penalties for Competition Law Infringements in Australia (26 March 2018)

The report is being presented at a closed OECD workshop in Sydney today: Workshop on Australian Pecuniary Penalties for Competition Law Infringements

Two of the authors of the report, Sean Ennis and Pedro Carodesousa, will be presenting at the Melbourne Law School's Competition Law and Economics Network discussion group on 28 March. This will be followed by commentary from Professor Caron Beaton-Wells and me. Register here!

See also:

• Caron Beaton-Wells and Julie Clarke, 'Why are corporate penalties for cartels so low in Australia?' (Pursuit, 26 March 2018) (see also associated paper: Beaton-Wells and Clarke, 'Corporate Financial Penalties for Cartel Conduct in Australia: A Critique' (Working Paper, 26 March 2018, available at SSRN)
• John Durie, 'OECD supports higher penalties for breaches' (The Australian, 26 March 2018)
• Naaman Zhou, 'ACCC says corporate fines too low and it will pursue penalties in the 'hundreds of millions'' (The Guardian, 26 March 2018)
• Matthew Dunkely, 'Companies face tougher penalties for rip offs and rorts' (SMH, 26 March 2018)

The ACCC has granted re-authorisation to the Qantas/Emirates alliance for five years, subject to a condition in relation to the Sydney/Christchurch route.

The re-authorisation follows a draft decision to re-authorise in February.

See authorisation register for details.

See also

• ACCC, 'ACCC re-authorises alliance between Qantas and Emirates' (23 March 2018)
• Charles Pauka, 'Love not lost between Qantas and Emirates, and the ACCC likes them, too' (Transport and Logistics News, 23 March 2018)
• 'Qantas and Emirates Renew their Vows' (Travel Weekly, 23 March 2018).

On 14 March UNSW has launched 'The Allens Hub for Technology, Law & Innovation'. The hub includes ten research streams.

Dr Katharine Kemp and Dr Rod Nicholls will lead the research stream 'Data as a source of market power', focusing on the research question 'can control of data create market power?' and the issues that flow from a 'yes' response.

The Mildura Magistrate's Court has ordered that the committal hearing in relation to two individuals charged with cartel conduct should take place in the Melbourne Magistrates' Court.

The AFR reports that County Care managing director Robert Hogan and former busienss development manager, Cameron Harrison, are each facing dozens of charges relating to cartel conduct, including in the form of bid rigging and price fixing.

A committal mention is listed for 6 June.

See

• David Marin-Guzman, 'ACCC criminal case against Country Care Group alleges nationwide cartel' (AFR, 15 March 2018)
• Christopher Testa, 'Country Care cartel case moved to Melbourne' (Sunraysia Daily, 14 March 2018)

The ACCC has authorised Independent Cinemas Australia and its members to 'share information and collectively bargain with film distributors on the terms and conditions of film licensing agreements'.

View ACCC Press Release.

View Authorisation register

ACCC Chairman, Rod Sims, stated:

'Aurizon’s decision to sell its Queensland intermodal operations and the Acacia Ridge Terminal to its closest competitor, while shutting down its remaining intermodal business, will fundamentally change this market. We are concerned about the impact on competition in the freight industry.'

'We are concerned the proposed acquisitions would lead to increased prices and reduced service for freight hauled between Brisbane and Far North Queensland'

Pacific National has offered a section 87B behavioural undertaking, but the ACCC's preliminary review is that it will not resolve their concerns.

The ACCC is inviting further submissions in response to the Statement of Issues. Submissions are due by 3 April with a final decision expected on 24 May 2018.

View ACCC media release. View Merger Register.

The ACCC commenced a residential mortgage products price inquiry in 2017 and today it released its interim report. The ACCC's media release notes that the interim report 'reveals signs of less-than-vigorous price competition, especially between the big four banks'. The preliminary findings of the inquiry are discussed under the following headings:

The Full Federal Court today dismissed an appeal by Prysmian Cavi E Sistemi SRL against a 2016 ruling that it had engaged in cartel conduct in relation to the supply of high voltage land cables.

The ACCC has welcomed the Full Court's decision.

See ACCC, 'Full Federal Court dismisses cartel appeal' (13 March 2018)

I am saddened to learn of the passing of former Chairman of the Trade Practices Commission (now ACCC), Professor Bob Baxt AO.

Current ACCC Chairman, Rod Sims, described Professor Baxt as a 'true champion of competition law in Australia' who 'leaves a lasting legacy'. Professor Baxt's contribution to trade practices law and policy was recognised through the award of a Centenary Medal in 2001 'for service to consumer protection as chairman of the Trade Practices Commission'. In 2003 he was appointed an Officer, Order of Australia for 'service to the law, particularly as a leading spokesperson in the areas of trade practice, competition, taxation and corporate law, and in the field of legal education'.

In addition to his role as Chairman of the (then) Trade Practices Commission, Professor Baxt was Dean of Law at Monash University in the 1980s, partner at Allens Arthur Robinson and later Herbert Smith Freehills, Professorial Fellow at the Melbourne Law School and Chair of the Advisory Board for the competition and consumer law specialisation in the Melbourne Law Masters program. Since 2011 an annual 'Baxt Lecture' has been held in recognition of the substantial contribution made by Professor Baxt to the development of competition law in Australia.

Professor Baxt was also a founding member of the Business Law Section of the Law Council of Australia and long time member of the the competition and consumer committee (among others). In 2017 the Business Law Section of the Law Council Australia offered, for the first time, the 'Baxt Prize' for an outstanding research paper on the topic of 'Human Rights and Business Law'. Professor Baxt was also Chairman of the Law Committee of the Australian Institute of Company Directors.

Professor Baxt published widely and was the founder and general editor of the Australian Business Law Review and the Company and Securities Law Journal.

My condolences to friends and family of Professor Baxt.

The ACCC has announced it will not take further action in relation to Qube's completed acquisition of Maritime Container Services.

View ACCC press release. View merger register.

See also Samanntha Bailey 'ACCC clears Qube’s already-completed Maritime Container Services buy' (The Australian, 8 March 2018) and Jenny Wiggins, 'Qube can keep MCS container parks acquisition: ACCC' (AFR, 8 March 2018).

The ACCC has announced it will not oppose the proposed acquisition of Mantra Group by AAPC Ltd (Accor).

ACCC Chairman, Rod Sims, said that the 'combined Accor-Mantra will still compete with other international and national hotel chains, as well as many independent hotels and accommodation providers'

View ACCC press release. View merger register.

Brent Fisse has published presentations he recently gave at an APEC Workshop on merger control. The first offers a critique of Australia's informal merger review process and the second relates to the Metcash saga. They can be found on Brent's website, or directly from the links below:

Merger Control in Australia: Informal and Formal Review
Brent Fisse (APEC Workshop on Merger Control Regimes, Port Moresby, 1 March 2018)

Merger Control in Australia: ACCC v Metcash - SLC v Legalism
Brent Fisse (APEC Workshop on Merger Control Regimes, Port Moresby, 2 March 2018)

The ACCC will allow Telstra to vary its NBN Migration Plan 'to enable fibre to the curb (FTTC) as a new access technology for NBN connections. Changes to the original proposed variation are designed to ensure that FTTC services are operating before existing services are disconnected.

View ACCC media release. View Telstra'a Migration Plan and variation.

[NB: Finding it hard to get excited about anything NBN when planned rollout for my area is for fixed wireless to be available between July-December 2019 ... seriously!]

The ACCC has commenced a public inquiry to 'determine whether declaration of the Domestic Transmission Capacity Service (DTCS) remains appropriate in light of changes to the market, including the growth of commercial alternatives available to service providers, new NBN products for business customers and industry consolidation.'

View ACCC media release

View Service Declaration Inquiry 2018-2019

The ACCC is proposing to authorise health insurer HCF and participating dentists to agree on the maximum price that they will charge members for some services. As HCF is planning to establish its own clinics, authorisation has been sought to avoid contravening the cartel laws.

The ACCC does not consider that the agreement is likely to have any significant impact on competition, noting that dentists are free to choose whether or not to participate and HCF members are free to choose a non-HCF member for their dental services. The draft ruling states that the proposed conduct 'is likely to lower the cost and increase the use of preventative dental services' and that it is 'likely to result in a net public benefit'. It is proposed that authorisation be granted for ten years.

View ACCC media release

View Authorisation register: Hospitals Contribution Fund of Australia Limited

The ACCC authorised Chevron, INPEX, Shell and Woodside to 'coordinate maintenance activities at their LNG facilities in Western Australia and Northern Territory.'

ACCC Chairman, Rod Sims, said: 'LNG producers can now schedule maintenance together without risking breaching competition laws, reducing concurrent work at their facilities. This will improve efficiency and maximise LNG production'

• View ACCC media release.
• View authorisation register.

See also Cole Latimer, 'ACCC approves gas pricing tie-ups to help ease energy crisis' (SMH, 2 March 2018)

The ACCC has released a draft determination proposing to authorise joint gas marketing arrangements between Central Petroleum and Macquarie Mereenie (joint venture partners at the Mereenie oil and gas field).

The authorisation is proposed to run for three years. Submissions from interested parties may be made until

The ACCC has released a Statement of Issues outlining some competition concerns with Saputo's proposed acquisition of the assets of Murray Goulburn.

The concerns relate to Murray Goulburn's Koroit dairy plant in western Victoria, including the likely impact on competition for farmers' milk.

ACCC Chairman, Rod Sims, said that the ACCC's view was that 'Saputo owning the Koroit plant would substantially lessen competition for the acquisition of dairy farmers’ raw milk in the region'.

Submissions from interested parties are due by 13 March with a final decision expected by 29 March.

• View ACCC media release.
• View merger register.

Plenty of media - see, for example, John Durie, 'Saputo has to spill some milk to get MG in the fast lane' (The Australian, 2 March 2018), Carrie LaFrenz and Brad Thompson, 'ACCC has issue with Victorian dairy plant in Saputo, Murray Goulburn deal'' (AFR, 1 March 2018), Peter Hemhill and Simone Smith, 'Saputo-Murray Goulburn deal: ACCC flags concerns' (The Weekly Times, 1 March 2018), Clint Jasper, 'Competition watchdog raises concern over $1.3b foreign takeover of Murray Goulburn' (ABC Rural, 1 March 2018), Sue Neales, 'Saputo rebuffed on Murray Goulburn $1.3bn bid over Koroit plant' (The Australian, 2 March 2018), Darren Gray, 'Mega-milk deal sparks ACCC concern for farmers' (SMH, 1 March 2018).

28 February 2018 - ACCC remarks: Competition in the Australian Financial System

The ACCC has welcomed the Productivity Commission's draft report into Competition in the Financial System at a public hearing this morning.

Speaking at the public hearing this morning, Marcus Bezzi (Executive General Manager (Enforcement & Compliance Division)) focused his remarks on:

1. Competition Advocacy
2. The ACCC's Financial Services Unit
3. 'Embedding greater transparency in decision-making and a commitment to competition'

View the ACCC's opening statement.

The opening statements were followed by questioning from PC Commissioners. The opening statements and subsequent discussion was streamed this morning and can be viewed via Facebook (skip through to the 3 hour mark to hear Marcus Bezzi and Molly Choucair (General Manager, Financial Services Unit) speaking on behalf of the ACCC).

]]> Thu, 1 Mar 2018 13:47:43 +1100 http://australiancompetitionlaw.org/news.html#ports

The ACCC has issued a draft authorisation for an agreement between Port of Brisbane and Carnival Cruise line relating to the development of a new dedicated cruise liner terminal.

The ACCC proposes to impose conditions in relation to certain aspects of the agreement that might limit competition from other cruise liners.

• View ACCC media release.
• View public authorisation register.

]]> Wed, 28 Feb 2018 13:45:18 +1400 http://australiancompetitionlaw.org/news.html#pcstatement The ACCC has welcomed the Productivity Commission's draft report into Competition in the Financial System at a public hearing this morning.

Speaking at the public hearing this morning, Marcus Bezzi (Executive General Manager (Enforcement & Compliance Division)) focused his remarks on:

1. Competition Advocacy
2. The ACCC's Financial Services Unit
3. 'Embedding greater transparency in decision-making and a commitment to competition'

View the ACCC's opening statement.

The opening statements were followed by questioning from PC Commissioners. The opening statements and subsequent discussion was streamed this morning and can be viewed via Facebook (skip through to the 3 hour mark to hear Marcus Bezzi and Molly Choucair (General Manager, Financial Services Unit) speaking on behalf of the ACCC).

]]> Mon, 26 Feb 2018 08:05:12 +1100 http://australiancompetitionlaw.org/reports/2017digitalplatforms.html#digitalplatformsip The ACCC has released an issues paper in relation to its Digital Platform inquiry. In its media release the ACCC indicates it is seeking feedback on:

• 'Whether digital platforms have bargaining power in their dealings with media content creators, advertisers or consumers and the implications of that bargaining power.
• Whether digital platforms have impacted media organisations’ ability to fund and produce quality news and journalistic content for Australians
• How technological change and digital platforms have changed the media and advertising services markets, and the way consumers access news
• The extent to which consumers understand what data is being collected about them by digital platforms, and how this information is used
• How the use of algorithms affects the presentation of news for digital platform users.'

The issues paper itself runs to 39 pages, although much of this is background information. In addition to asking six questions regarding the scope of the inquiry, the issues paper asks 36 stakeholder questions.

Submissions are due by 3 April 2018. More informal submissions can be made via a questionnaire on the ACCC's consultation hub by the same date.

See my inquiry page for more details.

See also

• ACCC media release
• Issues Paper
• Darren Davidson, 'World watching ACCC inquiry into dominant tech platforms' (The Australian, 26 February 2018)

]]> Tue, 20 Feb 2018 12:43:09 +1100 http://australiancompetitionlaw.org/news.html#prioritiesbanner In his annual address to CEDA in Sydney today ACCC Chair, Rod Sims, launched the ACCC's 2018 Compliance and Enforcement policy.

This year the focus for the ACCC in relation to competition issues will be:

• conduct that might contravene the new misuse of market power prohibition
• conduct that might contravene the new prohibition on concerted practices
• competition issues in the financial services sector
• competition issues in the commercial construction sector

In relation to both competition and consumer issues the focus will be

• competition and consumer isssues concerning 'the use of digital platforms, algorithms and consumer data, with a focus on emerging markets and matters identified by the ACCC's digital platforms inquiry'
• competition and consumer issues in relation to the provision of energy
• competition and consumer issues in the agriculture sector

In relation to consumer issues, the priorities will be:

• systematic consumer guarantee issues
• consumer issues in broadband services
• consumer issues in new car retailing
• ensuring small business receives their industry code and unfair contract term protections (focus on Franchising Code of Conduct)
• better product safety outcomes for consumers shopping online
• issues relating ot the Takata airbag recall

The Policy also notes 'enduring priorities', including cartel conduct, anti-competitive agreements and misuse of market power and reiterates its priority factors, including conduct of significant public interest/concern or conduct resulting in substantial consumer or small business detriment.

View:

• Rod Sims, '2018 compliance and enforcement priorities' (CEDA, Sydney, 20 February 2018)
• ACCC, 'ACCC focusses on energy, broadband, net economy and financial services in 2018' (Media Release, 20 February 2018)
• ACCC, 'Compliance and Enforcement Policy' (2018)

Plenty of media about the priorities, including:

• Misa Han, 'ACCC to crack down on banks' anti competitive behaviour' (AFR, 20 Feb 2018)
• Andrew White, 'ACCC to push for bigger fines for competition breaches' (The Australian, 20 February 2018)
• Tony Ibrahim, 'The markets the ACCC will be watching closely' (Choice, 20 February 2018)
• Sarah Farnsworth and Naomi Selvaratnam, 'ACCC puts big business on notice as larger fines for consumer breaches tops 2018 priority list' (ABC, 20 Feb 2018)
• AAP, 'ACCC wants bigger fines for bigger firms' (SBS, 20 Feb 2018)

]]> Tue, 20 Feb 2018 12:42:50 +1100 http://australiancompetitionlaw.org/news.html#cussonsappeal The ACCC has appealed the Federal Court's decision in December last year in which it dismissed the ACCC's claims that PZ Cussons had engaged in cartel conduct in relation to laundry detergents.

ACCC Chairman, Rod Sims, stated that the ACCC believed  'that there was sufficient evidence for the Court to find that Cussons had entered into an understanding' and that the appeal will allow the Full Court to 'consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.'

A case management hearing is scheduled before Justice Wigney on Thursday.

See ACCC, 'ACCC appeals Cussons decision' (Media Release, 20 February 2018)

See also Roje Adaimy, 'ACCC appeals cartel case against Cussons' (The Australian, 20 February 2018) and 'ACCC appeals cartel case against Cussons' (9 news, 20 February 2018)

]]> Tue, 20 Feb 2018 10:28:29 +1100 http://australiancompetitionlaw.org/news.html Gilbert + Tobin have published their 'Competition Law Insights 2018'. The report:

• explores recent changes to the competition laws
• examines the ACCC's activity in 2017 (including by providing some useful case studies)
• predicts what's in store for the year ahead (focussing on merger and cartel activity)

The report provides a neat overview of the Harper reforms and a useful table detailing the new merger processes. It also examines some of the current competition law related inquiries, including those into Australia's financial system and the digital platforms inquiry.

The report can be downloaded from the Gilbert + Tobin website.

]]> Sun, 18 Feb 2018 12:42:21 +1100 http://australiancompetitionlaw.org/news.html ACCC Chair, Rod Sims, spoke with Patricia Karvelas for the National Wrap.

View the National Wrap on iView from just past the 4 minute mark to 13:51 - focus on the NBN, gas markets and the Facebook/Google inquiry.

Don’t miss my interview with @acccgovau boss Rod Sims tonight on @abcnews after 9pm #auspol pic.twitter.com/npcwzZhOqd

— PatriciaKarvelas (@PatsKarvelas) February 18, 2018

]]> Fri, 16 Feb 2018 12:41:58 +1100 http://australiancompetitionlaw.org/news.html The ACCC is proposing to re-authorise the Qantas/Emirates alliance for a further five years.

See authorisation register for details.

See also

• ACCC, 'ACCC proposes to re-authorise Qantas Emirates alliance' (16 February 2018)
• Annabel Hepworth, 'ACCC flags all clear for fresh Qantas Emirates tie-up' (The Australian, 16 February 2018).

]]> Fri, 16 Feb 2018 12:41:36 +1100 http://australiancompetitionlaw.org/news.html The ACCC has re-authorised the coordination of Jetstar Asia, Jetstar Pacific and Jetstar Japan.

See ACCC, 'ACCC allows Jetstar's Asian brands to coordinate' (Media Release, 16 February 2018)

See also ACCC authorisation register and Reuters staff, 'Australia consumer watchdog reauthorises coordination of Qantas' Asian tie-ups' (Reuters, 16 February 2018).

]]> Thu, 15 Feb 2018 13:21:46 +1100 http://australiancompetitionlaw.org/news.html Criminal cartel charges have been laid against The County Care Group Pty Ltd, its Managing Director and a former employee.

The charges against County Care Group represent the first criminal prosecution of an Australian corporation and the second criminal prosecution of a cartel (the first being NYK) under the criminal cartel provisions of the Competition and Consumer Act.

The charges against County Care Group's Managing Director and a former employee represent the first time individuals have been prosecuted under thse provisions.

The charges are listed for mention in the Victorian Magistrates' Court in Mildura on 14 March 2018.

See ACCC, 'Criminal cartel proceedings commenced against Country Care and its managers' (Media Release, 15 February 2018)

]]> Wed, 7 Feb 2018 09:02:49 +1100 http://australiancompetitionlaw.org/news.html The Productivity Commission has released its draft report on Competition in the Australian Financial System.

The report argues that competition in the financial system 'is without a champion among the existing regulators'. When considering who should promote financial system competition the PC considered two options: (1) the ACCC to have expanded role as proactive competition advocate or (2) that ASIC's focus be expanded to include advancement of competition. Draft recommendation 17.1 states:

'To address gaps in the regulatory architecture related to lack of effective consideration of competitive outcomes in financial markets, an existing regulator must be given a mandate to take the lead on matters related to competition in the financial system. To minimise cost and disruption, this role should be implemented in substantial part through the Council of Financial Regulators (CFR).

There would be no change under this recommendation to the current legislated responsibilities of the regulators. Rather, the Australian Government should include in its Statement of Expectations for all members of the CFR the practice of reviewing, before they are implemented, regulator actions that may have material effects on competition.

The competition-related functions of the designated Council member would include:

• transparent analysis of competition impacts tabled in advance of measures proposed by regulators
• testing of the impacts of competition and community outcomes of additional provider integration.'

This is followed by an 'information request', seeking feedback on the merits of each option (ACCC or ASIC as regulator responsible for advancing competition)

Various other draft findings (inculcating that the 'Four Pillars policy is a redundant convention') and recommendations are made in relation to competition in the financial system.

The final report is expected to be completed by 1 July 2018

Plenty of media: Peter Ryan, '"Four pillars" banking policy is "ad hoc" and "redundant", Productivity Commission warns' (ABC News, 7 February 2018), Joanna Mather and James Eyers, 'APRA delivers banks $1b windfall: Productivity Commission' (AFR, 7 February 2018), Jennifer Jennings, 'Productivity Commission call for new competition watchdog' (Daily Telegraph, 7 February 2018), Clancy Yeates, '"Four pillars" policy under fire from Productivity Commission' (The Age, 7 February 2018), Simon Benson, 'Banking's four-pillars policy redundant, claims watchdog' (The Australian, 7 February 2018).

]]> Fri, 2 Feb 2018 09:02:34 +1100 http://australiancompetitionlaw.org/news.html Michael Corrigon and Simon Ellis at Clayton Utz provide some thoughts on the ACCC's new role in merger authorisation and discuss media mergers by reference to the New Zealand High Court's decision in NZME Limited v Fairfax Media Limited [2017] NSHC 3186 (recently appealed) and Australia's new Media Merger Guidelines.

See Michael Corrigan and Simon Ellis, 'What's the big deal? Media mergers and the ACCC's new role in merger authorisations' (Clayton Utz, Knowledge, 1 Feb 2018)

]]> Wed, 24 Jan 2018 09:02:01 +1100 http://australiancompetitionlaw.org/news.html The symposium, Cartels, Optimal Enforcement and Theories in Competition Law, will be held in Brisbane on 27 March 2018. The symposium has been organised by the TC Beirne School of Law at the University of Queensland in memory of the research of former PhD student, Laura Guttuso.

The program, which can be downloaded here, features keynote speakers from around the world.

Various registration options are available. To find out more visit the symposium website.

]]> Tue, 16 Jan 2018 09:01:29 +1100 http://australiancompetitionlaw.org/news.html The ACCC has initiated a few informal merger reviews to kick of the year.

The first is Cleanaway Waste Management's proposed acquisition of Tox Free Solutions. A market inquiries letter was sent on 11 January and submissions are due 9 Feb, with a provisional announcement date of 29 March 2018.

The second is MYOB's proposed acquisition of Reckon Limited's Practice Management Group; an informal review commenced on 12 January accompanied by a market inquiries letter. Submissions are due by 1 Feb with a provisional announcement date of 22 March 2018. See John Durie, 'ACCC to probe MYOB's Reckon acquisition' (The Australian, 15 January 2018) and Brendon Foye, 'ACCC to investigate MYOB's $180 million acquisition of Reckon' (CRN, 15 January 2018).

Yesterday the ACCC commenced a review of Qube Logistics' completed acquisition of Maritime Container Services Pty Ltd. Qube has provided the ACCC with an undertaking to keep the MCS business separate and independent until at least 14 March 2018. Submissions on a market inquiries letter are due by 1 February. As this is a completed acquisition the ACCC have not provided a provisional announcement date. See John Durie, 'ACCC queries Qube's MCS acquisition' (The Australian, 16 January 2018).

]]> Fri, 12 Jan 2018 10:28:32 +1100 http://australiancompetitionlaw.org/news.html The decision in the ACCC's case against PZ Cussons alleging participation in a laundry detergent cartel was handed down late last year, with Justice Wigney dismissing the ACCC's claim; the reasons for judgment have now been published.

In 2013 the ACCC commenced actions against Colgate, Cussons, Unilever and Woolworths alleging price fixing conduct contrary to s 45 of the Trade Practices Act 1974 as it was at the relevant time. Both Colgate and Woolworths made admissions in 2016 (Unilever was the Immunity applicant) and were ordered to pay penalties totalling $18m and $9m respectively.

Cussons challenged the claims and the hearing commenced 7 June 2016, running over several days. Justice Wigney handed down his decision on 22 December, finding that the ACCC had not discharged its burden of proving, on the balance of probabilities, that the respondent had entered into the claimed arrangement or understanding. The reasons for judgment have now been released and show that Justice Wigney preferred the economic evidence suggesting the conduct resulted from oligopoly behaviour rather than agreement.

View case page for more details.

See also:

• ACCC v Colgate-Palmolive Pty Ltd (No 4) [2017] FCA 1590
• ACCC Media Release (22 Dec 2017)
• AAP, 'Laundry cartel case against Cussons dismissed' (SMH, 23 December 2017),

Colgate:

• ACCC Colgate media release.
• ACCC v Colgate-Palmolive Pty Ltd (No 2) [2016] FCA 528 (16 May 2016)

Woolworths

• ACCC v Colgate-Palmolive Pty Ltd (No 3) [2016] FCA 676
• ACCC Woolworths media release
• John Durie, 'Woolworths admits cartel behaviour' (The Australian, 3 June 2016)
• John Durie, 'Woolworths' dirty laundry' (The Australian, 4 June 2016).

]]> Tue, 9 Jan 2018 10:27:44 +1100 http://australiancompetitionlaw.org/news.html In an interview with the AFR, ACCC Chairman, Rod Sims, claims 2018 will be a 'big turning point for cartel enforceement', with 'three to four domestic-based criminal cartel actions' expected.

See Patrick Durkin, 'ACCC's criminal cartel cases seek jail time, big fines from companies (AFR, 8 January 2018). See also Glenda Korporaal, 'ACCC to launch criminal cartel cases' (The Australian, 9 January 2018).

]]> Tue, 19 Dec 2017 09:20:14 +1100 http://australiancompetitionlaw.org/news.html A video of highlights from the Melbourne Law School's public symposium, 'Supermarket Power in Australia: Looking Back and Ahead' (27 October 2017) is now available.

The symposium was inspired by a major ARC funded research project being conducted by the University (the Supermarket Power Project) and led by Prof Caron Beaton-Wells.

]]> Mon, 18 Dec 2017 19:19:48 +1100 http://australiancompetitionlaw.org/news.html The ACCC have accepted court enforceable undertakings from BHP Billiton Petroleum (Bass Strait) and Esso Resources Australia to 'separately market their share of gas produced under the Gippsland Basin Joint Venture' from 1 January 2019. 

ACCC Chairman, Rod Sims, said that the 'ACCC was concerned that the joint marketing arrangements were likely to have resulted in a substantial lessening of competition in the market for the supply of gas to buyers in the southern states' and that the ACCC believed 'that competition in this market was negatively affected by the elimination of independent rivalry between BHP and Esso.'

BHP and Esso have, without admission, 'each provided the ACCC with a court enforceable undertaking that requires them to separately market GBJV gas from 1 January 2019 so that buyers will have the benefit of competing and potentially different offers from Esso and BHP in the future.'

See ACCC media release.

View undertakings:

BHP Billiton Petroleum (Bass Strait) Pty Ltd undertaking (18 Dec 2017)

Esso Australia Resources Pty Ltd undertaking (18 Dec 2017)

See also, Matthew Stevens, 'ACCC drives Bass Strait marketing divorce' (AFR, 18 December 2017), 'Victorian gas prices may fall as BHP and Esso split gas sales' (SMH, 18 December 2017), Andrew White, 'Gas deal eases fears over east coast supply' (The Australian, 19 December 2017).

]]> Thu, 14 Dec 2017 19:19:17 +1100 http://australiancompetitionlaw.org/news.html In a press release issued by BP following the ACCC announcing its opposition to BP's proposed acquisition of Woolworths service stations, BP Australia President Andy Holmes said:

'We are disappointed by the news today from the ACCC. We remain confident that, with appropriate divestments as offered by BP, this transaction would not substantially lessen competition. In light of this, we are currently consulting with our lawyers to determine our next steps'

See BP media release ('BP to consider ACCC's decision) (14 December 2017).

Media reports suggest that the ACCC's opposition will not be the end of BP's bid for the Woolworths service stations, citing Holmes as saying: 'This deal is very much alive and on foot ... My plan is that we will present our case strongly again ...'

• See Eli Greenblat, 'BP to fight ACCC ruling opposing Woolworths’ sale of service stations' (The Australian, 14 December 2017) and Patrick Hatch, 'BP and Woolworths vow to fight to save $1.8 billion servo sale' (SMH, 14 December 2017)

]]> Thu, 14 Dec 2017 10:40:37 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced today that it will oppose the proposed acquisition by BP Australia Pty Ltd of Woolworths Limited's network of retail service station sites.

The ACCC considers that the acquisition would be likely to 'substantially lessen competition in the retail supply of fuel', noting that 'BP prices are significantly higher on average than Woolworths prices in the major capital cities'.

See ACCC media release.

See merger register.

For media see, eg, Eli Greenblat, 'ACCC to oppose Woolworths’ sale of service stations to BP' (The Australian, 14 December 2017).

]]> Thu, 14 Dec 2017 10:39:58 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose OneFortyOne Plantations' proposed acquisition of the Jubilee Highway Sawmill in Mt Gambier.

The ACCC concluded the merger was not likely to substantially lessen competition; in particular, it considered that notwithstanding increased vertical integration, OneFortyOne would 'continue to have incentives to supply sawlogs to other sawmills and to acquire woodchips'.

See ACCC media release.

See merger register.

]]> Wed, 13 Dec 2017 10:39:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its 'second iterim report as part of its inquiry in Australia's wholesale gas supply arrangements. This follows an earlier report released in September.

When releasing the report, ACCC Chair, Rod Sims, observed that:

'Despite increased supply providing important short-term improvements in conditions, the market is still not operating as well as it could. Prices remain higher than they would be in a well-functioning and competitive market'.

View ACCC press release: 'Some improvements in gas market, but prices still too high' (12 December 2017).

View Report: ACCC Gas Inquiry 2017-20 Interim Report (13 December 2017).

See also Gas Inquiry 2017-2020 website.

]]> Thu, 7 Dec 2017 10:39:17 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed merger of Fox Sports and Foxtel, finding that the transaction would not substantially lessen competition.

View media release.

View merger register.

See also:

• Max Mason, 'ACCC green lights Foxtel-Fox Sports merger' (AFR, 7 December 2017) and 'Rivals concerned over ACCC's green light on Foxtel-Fox Sports merger' (AFR, 10 December 2017)
• Darren Davidson, 'ACCC won’t oppose the proposed merger of Fox Sports and Foxtel' (The Australian, 7 December 2017)
• Jennifer Duke, 'Green light given to Foxtel and Fox Sports merger' (SMH, 7 December 2017)
• Connie Reichert, 'Foxtel-Fox Sports merger unopposed by regulator' (ZD Net, 7 December 2017).

]]> Mon, 4 Dec 2017 13:17:40 +1100 http://australiancompetitionlaw.org/reports/2017digitalplatforms.html As part of the deal to get the media law reforms through through the Senate in September, the government agreed to an inquiry into Google and Facebook and other digital platforms.

The Government has now directed the ACCC to commence this inquiry, which will look at the effect 'digital search engines, social media platforms and other digital content aggregation platforms are having on competition in media and advertising services markets'.

An issues paper will be distributed early in 2018. A preliminary report is expected in twelve months with a final report due six months later, in June 2019.

See my report page for further details, including links to media surrounding the inquiry. See also:

ACCC media release

Digital Inquiry page (including terms of reference)

]]> Mon, 4 Dec 2017 13:17:07 +1100 http://australiancompetitionlaw.org/news.html The Grattan Institute has released a new report - Competition in Australia: Too little of a good thing?

The press release accompanying the report notes:

'The widely held belief that powerful firms control the Australian economy is a myth.

The market shares of large firms in concentrated sectors are not much higher in Australia than in other countries, and they have they not grown much lately.

But where a few firms dominate markets, they earn higher profits.'

The report also observes that governments and regulators could do more to ensure consumers get a good deal - and that constraints on competition in retail pharmacy be removed.

View report (associated chart data can also be separately downloaded).

Listen to associated podcast.

The release of the report follows a Grattan Institute Policy Pitch event in November, featuring Prof Caron Beaton-Wells and Dr Stephen King, with Jim Minifie as moderator. That event can be viewed here:

Vimeo page: Competition in the Australian economy: too little of a good thing? – Melbourne from Grattan Institute on Vimeo.

]]> Fri, 1 Dec 2017 13:16:39 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not appeal the Tribunal's decision to authorise the Tabcorp/Tatts merger, observing that although it takes a different view from the Tribunal about public benefits/detriments in this case, it does 'not consider there is any error of law that needs to be corrected'.

See ACCC, 'ACCC won't seek review of Tabcorp-Tatts determination' (1 December 2017)

The public reasons for decision are also available from the Federal Court site (at just over 350 pages they're about 100 pages longer than the original authorisation): Applications by Tabcorp Holdings Limited [2017] ACompT 5

]]> Thu, 30 Nov 2017 18:47:00 +1100 http://australiancompetitionlaw.org/news.html The latest consolidation of the Competition and Consumer Act was published today and this time it does include the Harper Reforms.

See:

CCA 2010, Federal Register of Legislation (Compilation No 112)

]]> Thu, 30 Nov 2017 18:47:15 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, delivered a speech at the RBB Economics conference today, explaining how recent changes to the Act, 'help protect the competitive process, and why 2018 will be a great year for competition'.

In his speech Sims observes that under Australian competition law 'fairness is not, and never will be, a theory of harm', but that despite this, the CCA does 'more for actual and perceived fairness than any other Act'.

Sims also notes that the ACCC currently has five referrals to the CDPP for alleged criminal cartel conduct, which will be heard (either criminally if the CDPP decides to prosecute, or civilly) by the end of 2018. Related to this, Sim highlights the need to impose fines sufficient to deter anti-competitive conduct.

See

• ACCC media release: 'Section 46 no defence for uncompetitive firms' (30 November 2017)
• Rod Sims, 'Populism and the CCA' (RBB Economics Conference, 30 November 2017)

]]> Thu, 30 Nov 2017 18:46:48 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued its interim report into the dairy industry, making several recommendations, including consideration of a a mandatory code of conduct for the industry 'to address problems caused by bargaining power imbalances between processors and farmers'.

See media release. View Interim Report. View main inquiry page.

See also, eg, John Durie, 'Rod Sims puts dairy players on notice over lack of competition' (The Australian, 30 November 2017) and Simone Smith and Peter Hemphill, 'Australian Competition and Consumer Commission Dairy Inquiry interim report released' (The Weekly Times, 30 November 2017).

]]> Thu, 30 Nov 2017 18:46:33 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued a Statement of Issues in relation to Moly-Cop's proposed acquisition of Donhad. The ACCC's preliminary concerns centre on the extent of competition that currently exists between the two companies and it is investigating 'the extent to which customers would be able to switch to using imports in response to any attempt to increase prices'.

View media release. View merger register.

]]> Thu, 30 Nov 2017 18:46:18 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed acquisition of OfficeMax Australia by Platinum Equity. Although the ACCC considers the merger will lessen competition it does not believe competition will be 'substantially' lessened, describing the decision as 'finely balanced'.

See ACCC media release. See merger register.

]]> Thu, 30 Nov 2017 18:46:00 +1100 http://australiancompetitionlaw.org/news.html The Australian Financial Review reports on the ACCC's concerns about potential anti-competitive conduct from retailers designed to limit the impact of Amazon's entry.

See Sue Mitchell, 'ACCC warns against anti-competitive behaviour as Amazon looms' (AFR, 29 November 2017)

]]> Fri, 24 Nov 2017 18:45:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to 're-authorise, for a further five years, coordination involving three Asian based Jetstar branded joint ventures: Jetstar Asia, Jetstar Pacific, and Jetstar Japan.'

ACCC commissioner, Roger Featherston, said that the ACCC considers that the coordination, which allows Jetstar branded airlines to operate as a single fully integrated organisation in relation to things like scheduling, sales, marketing and pricing, is likely to result in public benefits and is likely to result in 'little, if any' detriment due to a lessening of competition.

The ACCC has invited submissions on the draft determination (no deadline is given).

See authorisation register. See media release.

]]> Thu, 23 Nov 2017 18:45:20 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisations to the SA/NT Branch of the Transport Workers Union of Australia 'to allow owner drivers contracted to Toll Transport Pty Ltd (Toll) in metropolitan Adelaide, and in the Whyalla region, to engage in voluntary collective bargaining with Toll until 15 December 2022.'

This follows a draft determination in September in which the ACCC announced the proposed to authorise the collective bargaining conduct.

Details about the two separate authorisations can be found on the ACCC's public register

• Adelaide application 
• Whyalla application

Apparently it wasn't exciting enough for a media release, so you can find the announcement on the ACCC's 'Updates' page.

]]> Thu, 30 Nov 2017 18:44:34 +1100 http://australiancompetitionlaw.org/news.html Following a soft launch this afternoon, its' reported Amazon will fully launch in Australia tomorrow. For some thoughts on what this means for retail competition see:

• Stephen Bartholomeusz, 'Amazon: the moment of truth has arrived' (The Australian Business Review, 23 November 2017)
• Joel Milligan, 'The competitive advantage Australian retailers have over Amazon' (CMO, 22 November 2017)
• Simon Thomsen, 'Amazon Australia looks like it's about to launch' (AFR, 22 November 2017)
• Chris Pash, 'The Australian retailers most at risk from Amazon' (Business Insider Australia, 22 November 2017)
• Sue Lannin, 'Woolworths to ramp up online services as Amazon prepares for Australian launch' (ABC News, 23 November 2017)
• Claire Reilly, 'Welcome to the Jungle: What to expect from Amazon Australia' (c|net, 22 November 2017)
• Chris Herde, 'Amazon Australian site: Retailers with certain strengths can survive' (The Courier-Mail, 23 November 2017)
• Prinitha Govender, 'How Will Amazon Impact Australia?' (PowerRetail, 23 November 2017)
• Stephen Gibbs and Sam McPhee, 'It's started! How Amazon will change Australian shopping forever - and consumers will be the BIG winners' (Daily Mail, 23 November 2017)

]]> Thu, 23 Nov 2017 18:44:06 +1100 http://australiancompetitionlaw.org/news.html In his regular column, The Australian's John Durie highlights the busy week ahead for the ACCC, including:

• Interim report or Dairy Inquiry (30 Nov)
• Decision due on BP's proposed acquisition of Woolworths' petrol retail sites (30 Nov)
• Decision due on Platinum Equity's proposed acquisition of OfficeMax Australia (30 Nov)

See John Durie, 'Busy week ahead for consumer watchdog ACCC' (The Australian, 23 November 2017)

]]> Wed, 22 Nov 2017 18:43:44 +1100 http://australiancompetitionlaw.org/news.html The ACCC will allow businesses in the Eastern Energy Buying Group to establish a joint energy purchasing group and run joint tender processes for electricity and gas for 11 years

View ACCC media release.

View authorisation register.

]]> Wed, 22 Nov 2017 18:42:48 +1100 http://australiancompetitionlaw.org/news.html ACCC Commissioner, Mick Keogh, spoke to the MLA Red Meat Industry Forum in Alice Springs today. He highlighted concerns about transparency and future competitiveness of the cattle industry and referenced the ACCC's Cattle and Beef Market Study which recommended improving market information in order to improve competitiveness.

View ACCC media release.

View speech.

<]]> Fri, 17 Nov 2017 11:00:59 +1100 http://australiancompetitionlaw.org/news.html The Tribunal has granted authorisation to Tabcorp again, after the first authorisation was successfully challenged on judicial review earlier this year.

Justice Middleton said that the propsoed merger was likely to result in a substantial benefit.

See John Stensholt and Patrick Durkin, 'Tabcorp $11b deal for Tatts given green light again' (AFR, 17 November 2017).

]]> Thu, 16 Nov 2017 11:00:39 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has delivered a speech at the conference, 'Can robots collude?', discussing the threats and opportunities posed by algorithms and big data.

Sims observes that current laws, particularly with the Harper amendments relating to misuse of market power and concerted practices, can deal with the 'predictable agent' and 'autonomous machine' scenarios identified by Stucke and Ezrachi involving robot collusion where the substantially lessen competition. In particular:

 the new concerted practices prohibition should help shift the focus away from a requirement to establish a “meeting of the minds” to consider whether there has been cooperation between competing businesses that substantially lessens competition.

If robots are colluding, this provision will help us stop this conduct.

View speech: The ACCC's approach to colluding robots

View media release: 'New competition lass a protection against big data e-collusion'

See also 'Can Robots Collude?' (Gilbert+Tobin Insights, 16 November 2017), James Eyers, 'Rod Sims: You can't blame a robot' (AFR, 16 November 2017) and Tas Bindi, 'Big data and machine learning algorithms could increase risk of collusion: ACCC' (ZDNet, 16 November 2017).

If video is your thing, you may also be interested in: 'Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy' (Maurice Stucke, speech to The Berkman Klein Center for Internet & Society', March 2017)

]]> Thu, 16 Nov 2017 11:00:13 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed acquisition of OfficeMax by Complete Office Supplies.

See media release.

See Office Supplies Pty Ltd merger register.

]]> Wed, 8 Nov 2017 19:50:18 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its second self-assessment report (2016-2017) measuring the agency against the Government's Regulator Performance Framework (including six outcome-based KPIs)

When releasing the report ACCC Chairman, Rod Sims, noted that the report highlighted areas for continued improvement, including 'clearer guidance for businesses on our processes for regulatory actions and investigations' and noted that a key challenge is to communicate the limits of the ACCC's role. Notwithstanding the challenges, Sims noted that most stakeholders had a 'positive view' of the ACCC's performance and perceptions had generally 'improved since last financial year'.

See media release

See ACCC Regulator Performance Framework self-assessment report 2016-17

The ACCC has also published its latest 'ACCCount' detailing the ACCC's recent activities.

See ACCount 1 July to 30 September 2017

The ACCC's website has also had a bit of a face lift which is freaking me out a little ... I was just adapting the logo change! The face lift (which is not too drastic) coincides with a significant update to the site to reflect the Harper reforms. For example, there are now new pages, like the 'Resale Price Maintenance notifications register' (pretty boring at this stage though with no notifications), the misuse of market power page has been updated and the anti-competitive page now incorporates reference the concerted practices prohibition.

]]> Tue, 7 Nov 2017 19:49:45 +1100 http://australiancompetitionlaw.org/news.html For an overview of the Harper Reforms now in force, see my Harper Reforms page.

The website is being progressively updated to account for the reforms.

For more detail see the two Acts introducing the changes with associated links and commentary:

• Competition and Consumer Amendment (Competition Policy Review ) Act 2017
• Competition and Consumer Amendment (Competition Policy Review ) Act 2017

]]> Tue, 7 Nov 2017 19:49:24 +1100 http://australiancompetitionlaw.org/news.html Law firms have started posting their updates on the Harper reforms following their commencement yesterday.

Leading the charge is Allens >< Linklaters which has a very neat infographic, setting out the key reforms and their implications (as well as other more detailed information)

There's also a media release from Treasurer Scott Morrison announcing the commencement: 'Aussie small business and consumers the winners as strengthened competition laws commence' (6 November 2017).

]]> Mon, 6 Nov 2017 12:17:00 +1100 http://australiancompetitionlaw.org/news.html A date for commencement has been proclaimed and the Acts Competition and Consumer Amendment (Competition Policy Review ) Act 2017 and Competition and Consumer Amendment (Competition Policy Review ) Act 2017 commence on 6 November 2017 - TODAY!

• View proclamation

The main Harper Reforms were set to commence on a date fixed by proclamation or (if no earlier date is fixed) the day after six months from the date the Competition and Consumer Amendment (Competition Policy Review ) Act 2017 passed (which would have been 28 April 2018). But, on Thursday the Governor-General proclaimed 6 November 2017 as the commencement date.

Fun fact: Part 3 of the Competition Policy Reform Act 1995 was proclaimed to commence this day 22 years ago; 6 November 1995. That included commencement of the ACCC (replacing the TPC). Happy Birthday ACCC.

]]> Mon, 6 Nov 2017 12:16:46 +1100 http://australiancompetitionlaw.org/news.html New Competition and Consumer Amendment (Competition Policy Review) Regulations 2017 have now been made and registered.

The amendments follow the passage of the main Harper Reforms last month.

]]> Wed, 1 Nov 2017 12:16:18 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has welcomed the upcoming auction of 5G, but has also flagged some competition concerns in a speech delivered at the RadComms conference today. Sims concluded his speech with:

“... we want the full benefits of 5G to be realised, and we want these benefits to be realised by all Australians through a competitive market.”

See media release.

View speech: Sims, 'Evolution or revolution? Why competition matters for 5G' (Speech at RadComms 2017, 1 November 2017)

See also: Supratim Adhikari, 'ACCC urges cap on 5G spectrum' (The Australian, 1 November 2017), Corinne Reichert, 'ACCC pushes 'holistic' spectrum ownership ahead of 5G' (ZD Net, 1 November 2017) and Tony Ibrahim, 'ACCC warns 5G could substitute NBN connections' (Choice, 31 October 2017).

]]> Wed, 1 Nov 2017 11:40:09 +1100 http://australiancompetitionlaw.org/news.html The ACCC today released updated Media Merger Guidelines which take account of recent reforms to media ownership laws. These replace the 2006 guidelines. See MMG Media Release. View Guidelines.

This follows a speech yesterday to the Communications and Media Law Association (CAMLA) delivered by ACCC Chairman, Rod Sims, on the 'ACCC's role in the changing media landscape' (see media release | the speech has not been published)

]]> Wed, 1 Nov 2017 11:39:43 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its annual Container stevedoring monitoring report 2016-2017.

ACCC Chairman, Rod Sims, stated:

“Competition has significantly increased in recent years with the introduction of a third stevedore in Sydney and Brisbane, and now we can add Melbourne to that list. As such, we expect to see greater levels of price competition as new entrants and incumbents compete for market share,” ACCC Chairman Rod Sims said.

See media release.

]]> Tue, 31 Oct 2017 11:39:10 +1100 http://australiancompetitionlaw.org/news.html The main Harper Bill - the Competition and Consumer (Competition Policy Reform) Bill 2017 received Royal Assent last Friday, 27 October 2017. The main provisions come into operation the day after six months from receiving Royal Assent, unless an earlier date is proclaimed. Subject to the fixing of an earlier date it will come into operation on 28 April 2018.

On 30 October the Competition and Consumer Amendment (Abolition of Limited Merits) Act 2017 also received Royal Assent.

]]> Mon, 30 Oct 2017 11:38:50 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a draft determination 'proposing to grant re-authorisation to the Shopping Centre Council of Australia Ltd (SCCA) for its Casual Mall Licensing Code of Practice'.

See media release.

See authorisation register.

]]> Mon, 30 Oct 2017 11:38:26 +1100 http://australiancompetitionlaw.org/news.html The ACCC today published its draft report on its market study of the communications sector.

The ACCC is seeking comments until 8 December 2017. A final report is expected early 2018.

See media release.

See report.

]]> Mon, 30 Oct 2017 11:38:05 +1100 http://australiancompetitionlaw.org/news.html A report on Australia's Food and Grocery Code of Conduct has been published by Caron Beaton-Wells and Jo Paul-Taylor. The report follows research conducted over two years, funded by an ARC grant. Two key questions guided the research:

1. What were the problems to which the FGCC was responding and why and how was the FGCC responsive to or seen as likely to address them?
2. To what extent has the FGCC been effective to date or is it likely to be effective in the future in addressing such problems?

The release of the report coincided with a public symposium, 'Supermarket Power in Australia: Looking Back and Ahead', organised by Melbourne Law School and hosted at the State Library of Victoria on Friday.

The 248 page report can be downloaded from the Competition Law and Economics Network's website, here:

• Caron Beaton-Wells and Jo Paul-Taylor, 'Codifying Supermarket-Supplier Relations: A Report on Australia's Food and Grocery Code of Conduct' (Supermarket Project, Melbourne Law School, September 2017)

More information about the Supermarket Project can be found on its website.

]]> Fri, 27 Oct 2017 11:37:41 +1100 http://australiancompetitionlaw.org/news.html In a deal worth AU $1.3 billion, Canadian company, Saputo, is set to acquire Murray Goulburn's assets, making it Australia's largest milk processor. The deal will require approval from the ACCC and the Foreign Investment Review Board and is subject to approval by an ordinary resolution of MG's voting shareholders.

See Saputo Media Release: Saputo Inc Announces an Agreement to Acquire the Business of Murray Goulburn Co-Operative Co Limited and Murray Goulburn ASX Announcement.

See also:

• John Durie, 'Saputo snaps up Murray Goulburn assets in $1.3bn deal' (The Australian, 27 October 2017)
• See also Sarah Thompson, Anthony Macdonald, Joyce Moulakis, 'Canada's Saputo to snare Murray Goulburn' (AFR, 26 October 2017)
• Clint Jasper, 'Murray Goulburn dairy processor set to be bought by Canadian company Saputo for $1.3 billion' (ABC Rural, 27 October 2017)
• Darren Gray, 'Farmers slam $1.3billion sale of Murray Goulburn to Canada's Saputo' (SMH, 27 October 2017)
• Peter Hemphill and Simone Smith, 'Murray Goulburn to be sold to Saputo for $1.3 billion' (The Weekly Times, 27 October 2017)

]]> Wed, 25 Oct 2017 11:37:23 +1100 http://australiancompetitionlaw.org/news.html The ACCC had announced that it will not oppose Borg Group's proposed acquisition of CCH Panels' Mount Gambier and Oberon particleboard plants.

Borg manufactures and supplies value-added particleboard products; CCH Panels manufactures 'raw particleboard, particleboard flooring and value-added particleboard products' at four plants - the proposed acquisition relates to two of these plants.

See ACCC's Borg media release | Borg merger register

]]> Wed, 25 Oct 2017 11:36:50 +1100 http://australiancompetitionlaw.org/news.html The ACCC had announced that it will not oppose the proposed merger between Essilor International and Luxottica Group SpA.

In Australia Essilor predominantly supplies 'wholesale finished opthalmic lenses', while Luxottica 'largely supplies wholesale prescription frames and sunglasses' and has retail outlets like OPSM and Laubman & Pank.

The ACCC notes that these companies mainly supply products at different states in the supply chain and there is 'minimal direct competitive overlap between the two parties'. The ACCC considered on whether the increased vertical integration would substantially lessen competition and, after speaking with market participants, concluded the merged entity would 'likely continue to face competition at every level of the supply chain, including from other vertically integrated suppliers'.

See ACCC's Essilor/Luxottica media release | see ACCC's Essilor/Luxottica merger register

]]> Wed, 25 Oct 2017 18:09:47 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued the following three 'interim' guidelines addressing some of the key changes that will be brought about by the Harper Reforms

• Interim guidelines on concerted practices
• Interim guidelines on section 46 reforms
• Guidelines and interim forms for merger and non-merger authorisations

The ACCC is consulting on these guidelines, with submissions due by 24 November 2017.

The two interim guidelines follow 'draft frameworks' (concerted practices | mmp) released in October 2016 for consultation. Submissions on those consultations have not been made public.

The section 46 document has been re-ordered a bit, but it is otherwise remarkably similar to the 2016 draft framework. The key change is the addition of 'restricting access to an essential input' and 'loyalty rebates' as types of conduct likely to have a greater potential to involve mmp. Concentration levels in some of the examples have changed and, in the section detailing the ACCC's approach to investigating alleged MMP, consideration of the 'nature and extent of competitive constraints' has moved from being listed as the fourth factor to the first factor. Not too earth shattering.

The concerted practices guidance has had a more significant overhaul. There is more detail (beyond just examples) of what might constitute a concerted practice and 'engaging in a concerted practice'. There's also more information and what might constitute having the purpose, effect or likely effect of substantially lessening competition.' Some of the 'examples' of risky conduct from the framework remain, but there are also new examples. The 'priority' factors for ACCC investigation and enforcement are the same, but some additional guidance about issues that may impact on the likelihood of enforcement action have been inserted; they include concerted practices 'considered as part of broader ACCC investigations', evidence 'beyond independent behaviour' and the information recipient's 'response to the receipt of information'.

See further the ACCC media release.

]]> Mon, 23 Oct 2017 18:33:43 +1100 http://australiancompetitionlaw.org/news.html The ACCC's 2016-2017 annual report was tabled in Parliament today.

In relation to competition law and policy, the report highlights:

• the first criminal cartel case, describing it as a 'watershed moment in Australia's competition law history'
• The Ramsey Health care proceedings alleging misuse of market power and exclusive dealing
• High Court success in Flight Centre and the Air NZ/Garuda Indonesia cases.
• Consideration of 288 merger matters (33 publicly reviewed; 16 going on to second phase and half of those not proceeding)
• Twenty-three authorisations granted; four denied (including Apple Pay)
• Market studies into 'sectors including new car retailing, dairy, regional petrol prices, and gas and electricity affordability.'

See media release. View full copy of the report.

]]> Tue, 24 Oct 2017 09:39:28 +1100 http://australiancompetitionlaw.org/news.html Following yesterday's passage of Competition Policy Reform Bill (Harper Bill) last week, I thought it worth re-capping the key changes, including:

• introduction of an effects test for misuse of market power
• introduction of a new concerted practices law
• first instance merger authorisation power reverting to the ACCC and introduction of new dual SLC/public interest authorisation test
• extending joint venture exception to cartels
• allowing notification for resale price maintenance
• removing per se prohibition of third line forcing
• simplification and extension of authorisation provisions and introduction of new class exemption power
• modification of the access regime test (including reversion to natural monopoly test)

And there's plenty more. For more detail see my blog: 'Harper Competition Reforms Now Passed' (24 October 2017)

]]> Mon, 23 Oct 2017 09:39:05 +1100 http://australiancompetitionlaw.org/news.html The ACCC has decided not to declare domestic mobile roaming. ACCC Chairman, Rod Sims, noted that the ACCC's inquiry 'found that declaration would likely not lead to lower prices or better coverage or quality of services for regional Australians'. In addition, he observed that declaration could 'harm the interests of consumers by undermining the incentives of mobile operators to make investments to compete with each other in regional areas'.

Sims did, however, identify areas where improvements could be made to better deliver outcomes for regional consumers, including better transparency about coverage and more accountability. [without commenting on the merits of the decision, this regional consumer observes that she has received transparent information about coverage - it's really bad! Unfortunately knowing that doesn't help her answer the phone indoors.]

For more, see:

• ACCC media release
• ACCC, 'Domestic Mobile Roaming Declaration Inquiry 2016: Regional mobile issues paper' (23 October 2017)
• ACCC, 'Domestic Mobile Roaming Declaration Inquiry 2016' (Final Report, 23 October 2017)

For media see, for example:

• Max Mason, 'ACCC rules no roaming, but issues remain for regional mobile' (AFR, 23 October 2017)
• Supratim Adhikari, 'ACCC decides not to declare mobile roaming' (The Australian, 23 October 2017)
• Corinne Reichert, 'Mobile domestic roaming not declared by ACCC' (ZDNet, 22 October 2017)

]]> Thu, 19 Oct 2017 09:38:45 +1100 http://australiancompetitionlaw.org/news.html The government may have accepted the majority of the Harper law reforms, but when it comes to policy reform, they appear have rejected the Harper recommendation (14) to remove current restrictions on ownership and location. This recommendation was 'noted' by the Government in their response to the Harper Report.

For more see Andrew Tillett, 'Bitter pill for consumers as pharmacists win protection from competition' (AFR, 19 October 2017).

See also: National Health Amendment (Pharmaceutical Benefits - Budget and Other Measures) Bill 2017.

]]> Thu, 19 Oct 2017 09:38:18 +1100 http://australiancompetitionlaw.org/news.html Following yesterday's passage of the reforms to competition law recommended in the 2015 Harper Report, John Durie reports that Treasurer Scott Morrison is set to unveil a productivity reform package next week which will include many of the broader policy recommendations set out in the Harper Report.

See John Durie, 'Individuals to be target of productivity reforms' (The Australian, 18 October 2017)

]]> Wed, 18 Oct 2017 11:04:22 +1100 http://australiancompetitionlaw.org/news.html Following the passage of the Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) the ACCC has issued a press release welcoming a 'new era in competition law.

The passage of this bill also means that the misuse of market power changes, which passed in August but were contingent on the passage of the Harper bill, will also come into operation.

ACCC Chairman, Rod Sims, stated:

'I am pleased to see these important reforms pass through the Parliament. The reforms to the misuse of market power prohibition and the new prohibition of anti-competitive concerted practices will improve our ability to target conduct harming the Australian economy.'

Chairman Sims also welcomes the reforms to merger authorisation and clearance, particularly topical in light of the Tabcorp authorisation sage.

The media release goes on to state that the ACCC has established a 'Substantial Lessening of Competition Unit (SLC Unit), which will be responsible for misuse of market power and concerted practices investigations and litigation within the ACCC' and that this unit will soon release Guidance on the MMP and concerted practices provisions (draft guidance on each has previously been released for comment).

View media release.

]]> Wed, 18 Oct 2017 11:03:55 +1100 http://australiancompetitionlaw.org/news.html Well that was quick!

The House of Representatives this morning considered the Senate's amendment to the Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) (removal of schedule 6 relating to secondary boycott penalties).

Senator Morrison moved that the amendment be passed moved that the amendment be agreed to. Dr Leigh spoke briefly, following which the motion was agreed.

The Harper bill has now passed both Houses.

]]> Wed, 18 Oct 2017 09:32:32 +1100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) passed the Senate with amendment (removal of schedule 6 relating to secondary boycott penalties) on Monday.

It is listed as the first bill for consideration in the House this morning.

Senator Morrison moved that the amendment be passed.

]]> Tue, 17 Oct 2017 09:32:14 +1100 http://australiancompetitionlaw.org/news.html Terrific seminar today, by Dr Victoria Daskalova on 'Regulating the New Self-Employed in the Uber Economy: What Role for Competition Law?'.

The seminar was jointly hosed by the Competition Law and Economics Network and the Centre for Employment and Labour Relations Law at the Melbourne Law School.

A copy of Victoria's paper (Regulating the New Self-Employed in the Uper Economy: What Role for EU Competition Law?) can be accessed at SSRN: https://ssrn.com/abstract=3009120.

]]> Mon, 16 Oct 2017 19:46:27 +1100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) was back in the Senate today and passed with the expected amendment to schedule 6 (removal of the increased penalties for secondary boycotts). It now returns to the House. The House received a message from the Senate this evening and it was moved that the amendment be considered at the next sitting.

Also up for debate in the Senate was the Government's Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 which passed without amendments. A report on this Bill by the Senate was also tabled and recommended passage of the Bill. It has now passed both Houses.

Meanwhile in the House the Competition and Consumer Legislation Amendment (Small Business Access to Justice) Bill 2017 was read for a second time and debate adjourned.

]]> Mon, 16 Oct 2017 18:27:13 +1100 http://australiancompetitionlaw.org/news.html The ACCC has published a preliminary report into the electricity market and generated quite a stir.

See media release: 'Electricity report details affordability, competition issues' (ACCC, 16 October 2017)

View Retail Electricity Pricing Inquiry preliminary report

View Electricity supply prices inquiry home page.

See plenty of media. For example:

• Andrew Tillett, 'ACCC blames 'big three' market power for price hikes' (AFR, 16 October 2017)
• John Durie, 'As Sims fumes, a new energy venture blooms' (The Australian, 16 October 2017)
• Simon Thomsen, 'The biggest and saddest problem with the ACCC's new report on energy prices is we knew its findings 5 years ago' (Business Insider Australia, 16 October 2017)
• Stephen Long 'CET not targetted in ACCC's report into energy price rises' (ABC PM, 16 October 2017) (audio 5mins)

]]> Fri, 13 Oct 2017 15:49:24 +1100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) will be back in the Senate Monday and is expected to pass. However, given debate in the House (which focussed almost exclusively on the secondary boycott changes) it is likely an amendment will be proposed to schedule 6. This schedule proposes to increase the penalties for secondary boycotts significantly in order to align the penalty with other breaches of the competition laws. Any such a amendment has a good chance of succeeding in the Senate; there appears to be bipartisan support for the rest of the bill.

Also up for debate when Parliament resumes is the Competition and Consumer Legislation Amendment (Small Business Access to Justice) Bill 2017 (Private members bill) which passed the Senate on 13 August 2017; on Monday it will come befor ethe House for debate at around 10:30am.

]]> Fri, 13 Oct 2017 15:48:21 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued a 'draft determination proposing to allow businesses in the new Eastern Energy Buyers Group (EEBG) to run joint tender processes for electricity and gas' for a period of 11 years. The proposed joint tender process covers electricity, gas and gas transport services.

See ACCC media release.

See authorisation register.

]]> Thu, 12 Oct 2017 15:47:36 +1100 http://australiancompetitionlaw.org/news.html

The recording of last week's Grattan Institute's Policy Pitch event, featuring Prof Caron Beaton-Wells and Dr Stephen King, with Jim Minifie as moderator, is now available.

The panel discussion included consideration of the following questions (and more):

• 'How valid are concerns about competition and market power in Australia?
• Where is competition working less well than it could, and what are its limits as a policy tool?
• What else should policymakers do to ensure competition benefits the community?'

View Vimeo page: Competition in the Australian economy: too little of a good thing? – Melbourne from Grattan Institute on Vimeo.

]]> Wed, 11 Oct 2017 15:47:19 +1100 http://australiancompetitionlaw.org/news.html The reasons for judgment have been published in relation to the ACCC's appeal against penalty in the Cement Australia case.

The reasons can be found on the Federal Court page. Although the appeal related only to penalty, the reasons for judgment run to 226 pages (633 paragraphs)

The trial judge had imposed penalties of $17.1m; this has been increased to a total of $20.6m. The ACCC had sought an increase to a fine of more than $90 million.

See also my case page (Cement Australia).

]]> Mon, 9 Oct 2017 15:46:55 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released findings of its study into the Brisbane petrol market. The report shows Brisbane petrol prices are significantly higher than the rest of the country; the cause, says the ACCC, is lack of competition.

See:

• ACCC, 'Lack of competition driving high Brisbane petrol prices' (Press Release, 9 October 2017)
• ACCC, Report on the Brisbane petrol market (9 October 2017)

See also

• Daryl Passmore, 'ACCC reports bowser chiefs draining city motorists dry with greedy retailers ripping us off by $50m a year' (The Courier Mail, 9 October 2017)
• 'Editorial: Watchdog describes Brisbane's fuel cycle as baffling' (The Courier Mail, 9 October 2017)
• RACQ, 'Brisbane drivers at mercy of price gouging servos' (9 October 2017).

]]> Sat, 7 Oct 2017 15:46:38 +1100 http://australiancompetitionlaw.org/news.html In an interview with the AFR on the recent media reforms, ACCC Chairman, Rod Sims, has noted the complications asssociated with the growth of online news.

The focus of any merger review would be the 'closeness of competition', with Sims describing markets as 'like a cascading series of concentric circles'.

See Max Mason, 'Media mergers not clear-cut in world of online competition: ACCC box Rod Sims' (AFR, 6 October 2017).

]]> Sat, 7 Oct 2017 15:45:55 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has indictated the ACCC will be looking into Esso and BHP's drop in gas output from its Bass Straight joint venture.

See Peter Hannam, '"Held to ransom": Esso-BHP gas production drop to be examined by ACCC' (SMH, 7 October 2017)

See also Angela Macdonald-Smith, 'AGL Energy in the firing line again as ACCC widens crackdown on gas' (AFR, 5 October 2017)

]]> Thu, 5 Oct 2017 13:30:46 +1100 http://australiancompetitionlaw.org/news.html The full Federal Court has upheld an appeal by the ACCC for increased penalties in the Concrete Australia case.

The trial judge had imposed penalties of $17.1m; this has been increased to a total of $20.6m. The ACCC had sought an increase to a fine of more than $90 million.

ACCC Chairman, Rod Sims, stressed the importance of high penalties in deterring anti-competitive conduct and announced the ACCC would 'continue to make submissions to the courts for higher penalties to be imposed for anti-competitive conduct'.

The ACCC first brought this case in 2008; it took until 2014 for an initial decision and a further 2+ years for a penalty decision. The appeal against penalty was filed in June 2016 and heard in February this year.

See ACCC media release (Cement Australia).

See my case page (Cement Australia).

See also John Durie, 'ACCC falls short in abuse of market power test case' (The Australian, 5 October 2017).

]]> Thu, 5 Oct 2017 09:02:35 +1100 http://australiancompetitionlaw.org/news.html Tabcorp formally re-applied for authorisation to acquire Tatts on Friday. The application is now available on the Tribunal website (it usefully appears as a marked up version of the original).

Directions hearings were held by Justice Middleton on Monday and Tuesday. The following timelines were established:

• Friday 6 October: parties and interveners to serve any new evidence arising since 2 June
• Monday 9 October: submissions and supporting materials by third parties due
• Friday 13 October: the ACCC to file a report pursuant to s 95AZEA and any further evidence
• Tuesday 17 October: replies to be submitted
• Friday 20 October: other written submissions due
• Monday 23 October: other written replies due
• Tuesday 24 - Wednesday 25 October: hearing (if needed)

Justice Middleton also granted Tatts, CrownBet, the Racing Victoria Interveners and Racing.com leave to intervene, ordered that the evidence filed in the first Tabcorp application would stand as evidence in the new application and ordered that third party submissions filed in that proceeding would stand as submissions in the new proceedings (subject to the parties withdrawing the submissions). Rules regarding confidentiality were also established.

See Application by Tabcorp Holdings Limited (No 2) (ACT 3 of 2017)

See also Application by Tabcorp Holdings Limited (ACT 1 of 2017)

See also my Tabcorp merger page for further details.

]]> Wed, 4 Oct 2017 11:26:30 +1100 http://australiancompetitionlaw.org/news.html The ACCC has pushed back the date for its anticipated final determination in the BP from 26 October until 30 November.

The ACCC issued a statement of issues on 10 August. Today it pushed back the proposed announcement date in order to 'allow more time for data analysis, and to consider information provided by parties and market participants.'

See Samantha Woodhill, 'ACCC delays final ruling on BP, Woolworths deal' (The Australian, 4 October 2017)

See ACCC Merger Register (BP).

]]> Tue, 3 Oct 2017 11:26:08 +1100 http://australiancompetitionlaw.org/news.html The date for final reporting of the ACCC's inquiry into competitiveness of prices, trading practices and supply chain in the Australian dairy industry has been pushed back by five months. The interim report is now expected to be released in November and final report is due 30 April 2018.

See, John Chanter, 'ACCC delays final report into dairy industry until April 30' (The Border Mail, 5 October 2017).

See ACCC Dairy Inquiry page

]]> Thu, 28 Sep 2017 09:02:14 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has issued a draft determination proposing to grant authorisation to Independent Cinemas Australia (ICA), and its current and future independent cinema members, to share information and collectively bargain with film distributors.'

Interested parties can make submissions until 20 October, with a final determination expected in December.

See ACCC media release.

See authorisation register.

]]> Thu, 5 Oct 2017 09:02:01 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'proposes to grant authorisation, for five years, to the Transport Workers Union of Australia SA/NT Branch' to enable owner drivers contracted to Toll 'in metropolitan Adelaide, and in Whyalla, to engage in voluntary collective bargaining with Toll.' A final decision is expected in November. Submissions on the draft determination can be made until 13 October.

See ACCC update. See authorisation register (Adelaide). See authorisation register (Whyalla).

]]> Thu, 28 Sep 2017 09:01:33 +1100 http://australiancompetitionlaw.org/news.html The ACCC has dissed a final determination 'granting authorisation to eRx Script Exchange Pty Ltd to continue to give effect to an interoperability arrangement that involves revenue sharing with IP MDS Pty Ltd until 30 June 2020.'

This is consistent with a draft determination issued in August.

See ACCC update. See authorisation register.

]]> Wed, 27 Sep 2017 09:00:49 +1100 http://australiancompetitionlaw.org/news.html Camp Australia and Junior Adventures Group have withdrawn their request for ACCC merger clearance.

ACCC commenced its informal review on 1 June 201 and later released a statement of issues expressing some competition concerns.

See ACCC media release.

See merger register.

See also Bridget Carter, 'Merger plans for outside school care groups dropped' (The Australian, 27 September 2017)

]]> Tue, 26 Sep 2017 16:28:00 +0100 http://australiancompetitionlaw.org/news.html Justice Middleton, President of the Australian Competition Tribunal, today ordered a rehearing of Tabcorp's application for authorisation on 24-25 October.

Last week the full Federal Court sent the matter back to the Tribunal after upholding one of the ACCC's judicial review claims.

Authorisation applications must be decided within six months (or the Tribunal will be taken to have refused authorisation pursuant to s 95AZI). As six month has passed since Tabcorp applied for authorisation (on 13 March) there was doubt about whether the Tribunal still had jurisdiction to consider the matter. The Australian's Ben Butler reports that, although Justice Middleton considered the Tribunal did have that power, he nevertheless suggested Tabcorp make fresh application to avoid subsequent challenge.

See Ben Butler, 'Tabcorp-Tatts tie-up gets inside running as timetable thrown into disarray' (The Australian, 26 September 2017). See also Nick Toscano, 'Tatts set to scrap mega-merger shareholder vote' (SMH, 26 September 2017).

See my Tabcorp page for further details.

]]> Tue, 26 Sep 2017 16:27:03 +0100 http://australiancompetitionlaw.org/news.html The ACCC is seeking a fresh hearing for the Tabcorp/Tatts merger proposal.

As a result of the judical review application, more than six months (the maximum statutory limit for authorisation applications) has passed since Tabcorp applied for authorisation (on 13 March). This has raised the issue of whether or not the Tribunal still has jurisdiction to consider the matter. The ACCC has argued that because of this doubt a further application should be made to avoid any potential future dispute.

See Ben Butler, 'ACCC seeks new hearing on Tabcorp-Tatts merger' (The Australian, 26 September 2017). See also Bridget Carter and Scott Murdoch, 'Lawyers sweat on gaming merger as value evaporates' (The Australian, 26 September 2017).

The matter was listed for a directions hearing this morning.

See my Tabcorp page for further details.

]]> Mon, 25 Sep 2017 20:28:41 +0100 http://australiancompetitionlaw.org/news.html The Full Federal Court today unanimously dismissed the ACCC's appeal in its case against Australian Egg Corporation Ltd (AECL) and others. It had alleged AECL had attempted to induce egg producers to enter into a cartel arrangement to reduce the supply of eggs at an 'Egg Oversupply Crisis Meeting'.

ACCC Chairman, Rod Sims, has said that the outcome 'highlights the importance of the Federal Government's Competition Policy Reform Bill, which introduces a concerted practices prohibition ...'

The ACCC has indicated it will 'carefully consider' the judgment.

View ACCC media release. View the judgment. View my case page for further links and media as it emerges.

]]> Mon, 25 Sep 2017 20:28:29 +0100 http://australiancompetitionlaw.org/news.html The Grattan Institute is holding a Policy Pitch event on 3 October, featuring Prof Caron Beaton-Wells and Dr Stephen King, with Jim Minifie as moderator. The panel discussion will include consideration of the following questions:

• 'How valid are concerns about competition and market power in Australia?
• Where is competition working less well than it could, and what are its limits as a policy tool?
• What else should policymakers do to ensure competition benefits the community?'

The event will be held on 3 October at the State Library from 6-7:15pm; it is free to register.

For details and to register visit the Grattan Institute event page.

]]> Mon, 25 Sep 2017 20:28:15 +0100 http://australiancompetitionlaw.org/news.html The ACCC's Melbourne office has begun relocating from 360 Elizabeth Street to 2 Lonsdale St (level 17). There will be staff at both offices until 2pm on 6 October.

See 'ACCC Melbourne office is moving to Lonsdale St' (ACCC Update, 22 September 2017)

]]> Sat, 23 Sep 2017 20:27:53 +0100 http://australiancompetitionlaw.org/news.html Michael Schaper, the ACCC's Small Business Commissioner, will step down from the role in 2018 after nine years in the position.

John Durie takes a look at quick look at the role: John Durie, 'Michael Schaper, the champion of small business, to step down' (The Australian, 23 September 2017)

]]> Fri, 22 Sep 2017 13:19:10 +0100 http://australiancompetitionlaw.org/news.html Of the ACCC's three grounds of judicial review only the first succeeded: the Court concluded the Tribunal erred in not considering detriments other than the detriment of substantially lessening competition.

For details of the grounds of appeal and the Court's finding see my blog:

• Reasons out in Tabcorp

For the full reasons see ACCC v Australian Competition Tribunal [2017] FCAFC 150 (Jade) (or at AustLII)

For media see, for example Damon Kitney, 'ACCC "won't be rushed on Tatts"' (The Australian, 22 September 2017), Nick Toscano, 'Tabcorp, Tatts confident of merger despite dangers of longer delay' (SMH, 22 September 2017), John Stenshold, 'Tabcorp Tatts deal faces further delays' (AFR, 21 September 2017), John Durie, 'Tabcorp-Tatts tie-up hits fresh hurdle as doubts loom over tribunal’s jurisidiction' (The Australian, 22 September 2017)

See also my Tatts/Tabcorp merger page.

]]> Fri, 22 Sep 2017 13:18:32 +0100 http://australiancompetitionlaw.org/news.html Wed, 20 Sep 2017 14:30:10 +0100 http://australiancompetitionlaw.org/news.html The Full Federal Court (comprising Justice Besanko, Justice Perram and Justice Robertson) handed down its judgment on the appeals by ACCC and Crownbet against the decision of the Australian Competition Tribunal in relation to the Tatts/Tabcorp merger authorisation.

The appeal was successful and the Court has sent the matter back to the Australian Competition Tribunal for review. Reasons for judgment have been embargoed for the next five days.

See Scott Murdoch, 'Tabcorp merger with Tatts sent back to Australian Competition Tribunal' (The Australian, 20 September 2017) and Scott Murdoch, 'Tabcorp, Tatts merger hits hurdle' (The Australian, 20 September 2017). See also Nick Toscano, 'Tabcorp and Tatts merger derailed in Federal Court' (SMH, 20 September 2017).

See further

• My Tatts/Tabcorp merger page for background and links to the Tribunal decision.
• Ben Butler, 'Federal Court ruling on Tabcorp-Tatts tie-up looms' (The Australian, 19 September 2017)

]]> Wed, 20 Sep 2017 14:00:23 +0100 http://australiancompetitionlaw.org/news.html The ACCC has published a Local market screening letter inviting submissions from interested parties by 28 September 2017.

The ACCC issued a Statement of Issues outlining preliminary competition concerns on 10 August 2017. The proposed day for the announcement of the ACCC's findings is 26 October 2017.

See ACCC merger register.

See also Sue Mitchell, 'BP, Woolworths fuel deal under spotlight' (AFR, 19 September 2017)

]]> Wed, 20 Sep 2017 13:47:28 +0100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, address the National Press Club at lunchtime today on the issue of gas and electricity affordability.

The speech is now available:

• ACCC Media Release, 'Keeping the lights on: Australia’s energy affordability crisis' (20 September 2017)
• Rod Sims, 'Keeping the lights on: Australia’s energy affordability crisis' (Speech to National Press Club, 20 September 2017)

]]> Wed, 20 Sep 2017 11:19:08 +0100 http://australiancompetitionlaw.org/news.html The Federal Court Registry lists the ACCC and Crownbet appeals against the decision of the Austrlaian Competiton Tribunal for judgment at 2:15pm today.

The matter was heard by Justice Besanko, Justice Perram and Justice Robertson.

See further

• My Tatts/Tabcorp merger page for background and links to the Tribunal decision.
• Ben Butler, 'Federal Court ruling on Tabcorp-Tatts tie-up looms' (The Australian, 19 September 2017)

]]> Wed, 20 Sep 2017 09:29:38 +0100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, will address the National Press Club at lunchtime today. His topic: 'Shining a light: Australia's gas and electricity affordability problem'.

For some media ahead of the speech, see:

• John Durie, 'Integrated energy retailers get shock treatment from Sims' (The Australian, 20 September 2017)
• Katharine Murphy, 'Rod Sims contradicts Coalition MPs' claims AGL is abusing market power (The Guardian, 13 September 2017)

]]> Wed, 20 Sep 2017 09:07:27 +0100 http://australiancompetitionlaw.org/news.html submission to the Productivity Commission's Inquiry into the Australian Financial System, the ACCC has suggested that the PC consider the impact of the four pillars policy on competition (para 3.2). The policy prevents mergers between the four major banks. The submission states, in part:

... the “four pillars” policy provides clarity and certainty that any mergers between the large banks would not be permitted. In that sense, the policy reflects a decision by the government to prevent further consolidation in an otherwise concentrated market rather than leaving this decision potentially with the Court, should a merger be challenged on competition grounds.

Conversely, it could be argued that the policy insulates the large banks from competition. Arguably the effect of the “four pillars” policy in addition to the implicit guarantee and prudential measures entrenches the large banks’ strong position in relevant markets and reinforces their “too big to fail” status. Whether this limits the ability of new entrants and smaller banks to constrain the large banks is a question we consider warrants further consideration. ...

The ACCC indicates it has not formed a final view on the issue. Its submission sets out in more detail the divergent views about the policy. The submission also sets out a number of initiatives the ACCC considers may reduce barriers to competition in retail banking, including reducing restrictions on the use of the term 'bank'.

See further:

• Productivity Commission's Inquiry into the Australian Financial System (including terms of reference and the 29 initial submissions to the Inquiry)
• ACCC submission to PC inquiry (PDF) (also available from ACCC submissions website)
• Media: Clancy Yeates, 'Big bank mergers: ACCC wants 'four pillars' policy examined' (SMH, 20 September 2017) and Richard Gluyas, 'Competition probe shakes Four Pillars banking policy' (The Australian, 20 September 2017)

]]> Wed, 20 Sep 2017 16:06:59 +0100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) was back on the Senate Red today, but further lengthy debate on Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (which eventually passed around 4:30pm) means the Senate is not likely to get to it today (update: it didn't make it ... October it is).

The Senate does not sit again until mid-October.

See, eg, John Durie, 'Parliamentary delay keeps competition reform at bay' (The Australian, 14 September 2017).

]]> Wed, 20 Sep 2017 16:06:39 +0100 http://australiancompetitionlaw.org/news.html In an interview with the Australian Financial Review, ACCC Chairman, Rod Sims, described AGL's ownership of the Liddell and Bayswater powerplants as anticompetitive.

Sims points to the ACCC's opposition to AGL's deal to buy MacGen from the NSW government, which was approved by the Australian Competition Tribunal in 2014 after the ACCC refuse to grant informal clearance. Sims told the AFR that the ACCC thinks the merger 'is having an effect on increasing power prices right now'.

See Angela Macdonald-Smith, 'AGL Energy's Liddell ownership 'anti-competitive': Sims' (AFR, 13 September 2017)

See also 'ACCC sys AGL behaviour 'anti-competitive' (Sky News, 14 September 2017) (includes video)

]]> Thu, 14 Sep 2017 15:05:26 +0100 http://australiancompetitionlaw.org/news.html As part of a deal to get media laws through the Senate, Treasurer Scott Morrison has agreed to have the ACCC conduct an inquiry into Google and Facebook (and other internet giants).

This follows Senator Xenophon (whose vote was crucial to the Govt) expressing concerns that Google and Facebook were 'hoovering up' billions in advertising revenue.

See,e g, Bevan Shield and Lucy Battersby, 'Media reforms to pass the Senate, clearing the way for major mergers and acquisitions' (SMH, 14 September 2017), Kylar Loussikian and Sharri Markson, 'Media Reforms: Senate Inks Deals on Critical Media Shake-Up' (Daily Telegraph, 14 September 2017), AAP, 'Media reforms set to pass Senate' (SkyNews, 14 September 2017), Darren Davidson, 'Fifield close to media reform breakthrough with crossbench' (The Australian, 11 September 2017).

See also Stephanie Dalzell, 'Media laws package to pass after Xenophon deal' (ABC Radio, AM with Sabra Lane, 14 September 2017).

]]> Thu, 14 Sep 2017 09:39:36 +0100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (Harper Bill) was listed in the Senate yesterday, but lengthy debate on the Marriage Law Survey (Additional Safeguards) Bill 2017 and Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 prevented the Senate reaching the Harper Bill before adjourning.

The Bill is back on the Red today. Broadcasting Reform bill still up first, but debate not expected to last long this morning. It's possible that may be followed by introduction of the Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education System) Bill 2017. Then follows second reading debate on the Australian Border Force Amendment (Protected Information) Bill 2017 before the Harper Bill. If it doesn't make it today we'll have to wait until the next sitting in mid-October.

]]> Wed, 13 Sep 2017 09:39:12 +0100 http://australiancompetitionlaw.org/news.html ACCC Chair, Rod Sims, has delivered a speech at the Asia Pacific Fuel Industry Forum, outlining how 'fuel price data from websites and apps empower price-sensitive customers'.

The speech sets out the ACCC's role and activity in petrol, including quarterly reporting, market studies in regional markets, investigating of shopper dockets and merger review. Sims also discusses the ACCC's investigation into Informed Sources and the resulting undertaking that Informed Sources makes the same fuel price information it provides to subscribers available to consumers (which has happened since May 2016). Sims then goes on to discuss international evidence around the benefits of petrol price transparency and the recent increase in availability of price information to customers in Australia.

See ACCC media release.

View speech.

]]> Fri, 8 Sep 2017 11:02:35 +0100 http://australiancompetitionlaw.org/news.html The Senate yesterday referred the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 to the Environment and Communications Legislation Committee for report by 16 October 2017.

The Committee is now accepting submissions until 19 September 2017.

See my inquiry page for further details.

]]> Thu, 7 Sep 2017 20:01:46 +0100 http://australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against waste management company, JJ Richardss & Sons Pty Ltd, alleging eight clauses in its standard form small business contract are void because they are 'unfair' under the Australian Consumer Law. See ACCC media release for details.

The unfair terms law has applied to consumer transactions for a number of years, but only extended to small business contracts in November 2016. See also ACCC report discussing unfair terms in small business contracts, published 10 November 2016.

See also Cara Waters, 'ACCC launches first small business unfair contracts court action' (SMH, 7 September 2017), Stephen Letts, 'ACCC accuses JJ Richards over rubbish contracts with small businesses' (ABC, 7 September 2017), Michael Roddon, 'ACCC sues waste firm for unfair contracts' (The Australian, 8 September 2017), John Durie, 'Test case for new small business contracts law' (The Austra]]> Thu, 7 Sep 2017 13:39:36 +0100 http://australiancompetitionlaw.org/news.html The Selection of Bills Committee reported (report 10 of 2017) in the Senate today that it was unable to reach agreement about whether to refer the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 to Committee.

Senator Gallagher then moved that the bill be referred to the Environment and Communications Legislation Committee for report by 16 October 2017. The Senate divided. The motion to adopt the report was agreed to as amendmed by Senator Gallagher (Ayes 33, Noes 24).

]]> Thu, 7 Sep 2017 12:06:27 +0100 http://australiancompetitionlaw.org/news.html Three competition bills were before the Senate yesterday.

The Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017, while listed (after being introduced Tuesday afternoon), was not debated yesterday; it is scheduled for resumption of debate today.

The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 was introduced and read for the first time. Second reading speeches commenced, with Senator Ruston's reading speech incorporated in Hansard (in substantially the same form as the Treasurer's second reading speech in the House earlier this year). Debate was adjourned.

Finally, the Legislation Committee's Report on the Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 was tabled by Senator Fawcett. Two related bills were considered as part of this inquiry. They relate to regulatory arrangements for the NBN and follow the Vertigan Panel report. The Committee recommended some amendment to the related bill, but otherwise recommended passage of both bills.

]]> Wed, 6 Sep 2017 12:06:00 +0100 http://australiancompetitionlaw.org/news.html Two competition reforms bills passed the House yesterday.

The first, the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 is listed for second reading debate this morning.

The second, the Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 - is simply noted on today's order of business as a bill for concurrence.

]]> Tue, 5 Sep 2017 18:05:18 +0100 http://australiancompetitionlaw.org/news.html The main Harper Bill - the Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 - passed the House late this afternoon.

The bill contains many of the changes to the law proposed by the Harper panel, including changes relating to cartels, price signally and concerted practices, third line forcing, resale price maintenance, authorisations, notifications and class exemptions, among other things. It also proposes to increase penalties for secondary boycott conduct (to align with the existing penalties for other Part IV breaches), a move strongly opposed by the Labor party (Labor has indicated it supports the remaining amendments).

The introduction of the effects test for misuse of market power was passed into law late last month via separate legislation (Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (Act 87 of 2017)), but the key provisions won't come into operation unless and until the main Harper Bill is passed.

See my bill page for further details and links to second reading speeches etc.

]]> Tue, 5 Sep 2017 16:04:27 +0100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 passed the House this morning.

The EM explains that the Bill is designed to 'prevent the Australian Competition Tribunal ... from reviewing certain decisions made under the national energy laws and to ensure that decisions made by the Australian Energy Regulator (AER) under those laws are not subject to merits review by any other State or Territory body'.

For some commentary on the bill and its implications see, eg, Brendan Lyon, 'Scrapping the 'Limited Merits Review' will cost consumers long term' (AFR, 29 June 2017) and Matthew Peckham, 'Uncooperative federalism and the abolition of limited merits review' (CommBar Matters Blog, The Commercial Bar Association of Victoria)

]]> Mon, 4 Sep 2017 17:41:46 +0100 http://australiancompetitionlaw.org/news.html Debate on the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 resumed in the House late this afternoon.

The EM explains that the Bill is designed to 'prevent the Australian Competition Tribunal ... from reviewing certain decisions made under the national energy laws and to ensure that decisions made by the Australian Energy Regulator (AER) under those laws are not subject to merits review by any other State or Territory body'.

In a press release accompanying the introduction of the Act last month, Josh Frydenberg MP claimed the bill will 'remove the ability of regulated energy network companies to game the system at the expense of consumers'

]]> Mon, 4 Sep 2017 12:41:16 +0100 http://australiancompetitionlaw.org/news.html Debate is set to resume in the House on the Harper Bill (Competition and Consumer Amendment (Competition Policy Review) Bill 2017) tomorrow.

In a joint media release issued today, Brendan O'Connor MP (Shadow Minister for Employment and Workplace Relations) and Andrew Leigh MP (Shadow Assistant Treasurer) have announced that Labor supports 13 of the 14 schedules contained in the Bill, labeling them 'largely uncontroversial'.

However, Labor will oppose the proposed increase in maximum penalties for breaches of secondary boycott provisions form $750,000 to $10m, designed to bring them into line with the penalties available for other competition law contraventions. Labor argues that international law permits 'sympathy strikes' and higher penalties would for secondary boycotts would 'move Australia even further away from international best practice'. Labor will, therefore, move amendments to remove Schedule 6 (dealing with secondary boycotts) form the Bill.

]]> Mon, 4 Sep 2017 11:40:33 +0100 http://australiancompetitionlaw.org/news.html Debate is set to resume in the House on two competition bills this week.

The first, the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017), is due to be debated this afternoon.

The second and more significant is the Harper Bill (Competition and Consumer Amendment (Competition Policy Review) Bill 2017), scheduled to be debated in the House tomorrow.

]]> Fri, 1 Sep 2017 10:59:40 +0100 http://australiancompetitionlaw.org/news.html Dr Katherine Kemp has issued a brief guide on Australia's new misuse of market power law. The law received Royal Assent last week but the provisions will not commence until after the passage of Competition and Consumer Amendment (Competition Policy Review) Bill 2017.

Kemp usefully outlines key changes, myths about the amendment and weaknesses in the new law.

See Australia’s New Misuse of Market Power Law: In Brief (UNSW, CLMR, 31 August 2017).

]]> Fri, 1 Sep 2017 10:59:28 +0100 http://australiancompetitionlaw.org/news.html All businesses are now banned from charging excessive surcharges for using certain types of EFTPOS/credit carts to make payments.

Although the ban has been in place for large businesses since September last year, it now applies to all businesses based in Australia or which use an Australian bank.

See ACCC media release. See ACCC online guide.

]]> Thu, 31 Aug 2017 10:58:07 +0100 http://australiancompetitionlaw.org/news.html Compilation No 108 of the Competition and Consumer Act 2010 was published on the Federal Register of Legislation today.

This compilation is dated 23 August 2017 and replaces compilation 107 dated 23 February 2017.

View current compilation of CCA at Federal Register of Legislation.

]]> Fri, 1 Sep 2017 10:57:51 +0100 http://australiancompetitionlaw.org/news.html The ACCC's most recent report on the petrol industry for the June quarter 2007 shows that average petrol prices in the five largest cities dropped by almost 4c per litre, but gross retail margins remain high and are the highest (on an annual average basis) than at any time since the ACCC began monitoring in 2002.

See media release. See report for June quarter. See all quarterly reports on Australian petroleum industry. See also, for example, Matt Chambers, 'Petrol costs down but prices still too high, says ACCC' (The Australian, 1 September 2017).

]]> Thu, 31 Aug 2017 10:57:31 +0100 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to authorise eRx Script Exchange Pty Ltd to 'continue to give effect to an interoperability arrangement that involves some revenue sharing with IP MDS Pty Ltd until 30 June 2020.'

See media release.

]]> Thu, 31 Aug 2017 10:57:02 +0100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose Tronox's proposed acquisition of Cristal's titanium dioxide business, finding that 'a combined Tronox-Cristal is likely to continue to face competition from imported titanium dioxide pigments'.

See media release.

See merger register.

]]> Tue, 29 Aug 2017 10:55:52 +0100 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft decision proposing conditional authorisation for an alliance between BP and Woolworths which 'would allow participating BP service stations to accept Woolworths shopper dockets and participate in the Woolworths Rewards loyalty program, if BP is successful in acquiring Woolworths’ service stations.'

Authorisation will be conditional on parties not offering fuel discounts from shopper dockets in excess of 4 cents per litre.

The ACCC is conducting a separate merger review of BP's proposed acquisition of Woolworths' service stations.

See ACCC media release. See authorisation register. See also merger register (a statement of issues was published by the ACCC on 10 August)

See also Eli Greenblat, 'ACCC green lights use of Woolworths shopper docket fuel discounts at BP service stations' (The Australian, 29 August 2017), John Durie, 'Woolies' BP tick from ACCC boosts Coles' (The Australian, 29 August 2017).

]]> Mon, 28 Aug 2017 10:55:09 +0100 http://australiancompetitionlaw.org/news.html The misuse of market power bill received Royal Assent last week and is now in force as the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (Act 87 of 2017).

See Commonwealth of Australia Gazette C2017G00923 (28 August 2017).

Commencement of the new provisions is, however, contingent on the passage of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017.

]]> Thu, 24 Aug 2017 14:11:58 +0100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has spoken at the CEDA WA conference today, outlining the role of the ACCC in a changing economy. The speech covers (among other things):

• the ACCC's inquiry into the financial sector
• the approach to broadband advertising
• the banking inquiry
• the ACCC's separate inquiries into gas and electricity (including the east coast energy affordability crisis)
• the ACCC's approach to cartel behaviour

See media release.

View speech.

]]> Thu, 24 Aug 2017 14:11:45 +0100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed bid for the Ten Network by Birketu Pty Ltd (owned by Bruce Gordon) and Illyria Nominees Television Pty Ltd (owned by Lachlan Murdoch). The deal still requires passage of new media ownership laws in order to proceed.

See ACCC media release. See merger register. See Michael Janda and David Chau, 'Ten takeover by Lachlan Murdoch and Bruce Gordon gets ACCC green light' (ABC News, 24 August 2017), Lucy Battersby, 'Lachlan Murdoch, Bruce Gordon get ACCC green light to buy Ten' (SMH, 24 August 2017), AAP, 'ACCC clears potential bid for Ten Network by Lachlan Murdoch, Bruce Gordon' (news.com.au, 24 August 2017).

]]> Thu, 24 Aug 2017 14:11:31 +0100 http://australiancompetitionlaw.org/news.html The ACCC has issued a Statement of Issues in relation to Platinum Equity's proposed acquisition of OfficeMax Australia. It has indicated its 'primary concern is that the loss of competition between Staples and OfficeMax could result in higher prices and lower levels of service'. Interested parties have until 7 September to make submissions; a final decision is expected on 16 November 2017.

See ACCC media release. See merger register.

]]> Tue, 22 Aug 2017 14:11:08 +0100 http://australiancompetitionlaw.org/news.html BlueScope has admitted it is being investigated for potential cartel conduct involving imported steel.

The FY2017 Financial Results Presentation by Paul O'Malley (CEO) and Charlie Elias (CFO) yesterday revealed (page 13) stating that over the last financial year the ACCC has been 'investigating potential cartel conduct by BlueScope relating to the supply of steel products in Australia, that involved a small number of BlueScope employees in the period from late 2013 to mid 2014.' The presentation states that the ACCC's investigation is ongoing and that BlueScope 'has co-operated, and continues to co-operate, with the ACCC's investigation'.

See

• John Durie, 'Cartel capers mar end of Paul O'Malley's BlueScope reign' (The Australian, 22 August 2017)
• Simon Evans, 'BlueScope's Paul O'Malley steps down, Mark Vassella to be CEO' (AFR, 21 August 2017)
• Glen Humphries, 'BlueScope investigated over possible price-fixing' (Illawarra Mercury, 21 August 2017)
• Nick McLaren, 'BlueScope doubles profit but warns of rising energy costs, cartel investigation' (ABC News, 21 August 2017)
• Sam Jacobs, 'BlueScope is being investigated, its CEO has resigned and shares are down 20%' (Business Insider Australia, 21 August 2017)
• John Durie and Matt Chambers, 'BlueScope shares dive more than 20pc as Paul O'Malley retires' (The Australian, 21 August 2017)

]]> Tue, 22 Aug 2017 14:10:33 +0100 http://australiancompetitionlaw.org/news.html A copy of the presentation by Rob Nicholls and Brent Fisse, delivered by Brent Fisse at this year's Competition and Consumer Law Workshop, is now available online:

'Concerted Practices and Algorithmic Coordination: Does the Proposed CP Prohibition Compute?' (Presentation at LCA Competition and Consumer Law Workshop, Melbourne, 5 August 2017).

]]> Thu, 17 Aug 2017 11:12:19 +0100 http://australiancompetitionlaw.org/news.html The University of New South Wales Law Journal has released an advance copy of an article by Christopher Arup, Caron Beaton-Wells and Jo Paul-Taylor entitled 'Regulating Supermarkets: The Competition for Space'. The focus is planning restrictions and begins:

'... The purpose of this article is to evaluate the case for a proposed competition policy law reform. If implemented, the reform would roll back land-use planning regulation, so that supermarket businesses have greater freedom to regulate privately where and with what format they site their stores. ...'

]]> Wed, 16 Aug 2017 18:11:55 +0100 http://australiancompetitionlaw.org/news.html The Full Federal Court today unanimously dismissed Port of Newcastle Operations Pty Ltd's application for judicial review of an access decision made by the Australian Competition Tribunal in June 2016. The Tribunal (in Application by Glencore Coal Pty Ltd [2016] ACompT 6 and Application by Glencore Coal Pty Ltd [2016] ACompT 7) had set aside a decision of the Minister not to declare a service under s 44H and had declared the service pursuant to s 44K.

Plenty of media coverage. See, eg:

• Andrew White, 'Federal Court rules on Newcastle port charge regulation' (The Australian, 16 August 2017)
• Joanne McCarthy, 'Hunter mining interests have had a big win against the Port of Newcastle over future pricing' (Newcastle Herald, 16 August 2017)
• Joanne McCarthy, 'The Port of Newcastle introduced savage price hikes that led to Federal Court action' (Hewcastle Herald, 17 August 2017)
• John Durie, 'Court ruling on Newcastle port sounds alarm for monopolies' (The Australian, 17 August 2017)
• Jenny Wiggins, 'ACCC, Glencore win Port of Newcastle battle' (AFR, 16 August 2017).

]]> Wed, 16 Aug 2017 15:11:22 +0100 http://australiancompetitionlaw.org/news.html The ACCC has issued a 'draft determination proposing to grant authorisation to Licensed Post Office Group Ltd (LPO Group) and its current and future licensed post office members to collectively negotiate with Australia Post.'

The ACCC indicated it did not consider 'that the proposed conduct is likely to result in significant public detriment given that competition between licensed post offices is limited, negotiations are entirely voluntary in nature, and authorisation does not extend to any collective boycott of products or services supplied by LPOs'

Submissions on the draft determination may be made until 6 September; a final decision is expected by November 2017

View ACCC media release. View authorisation register.

]]> Tue, 15 Aug 2017 19:10:30 +0100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 returned to the House today after the Senate yesterday voted to pass the bill with amendment. The House agreed to the amended bill just after 7pm this evening.

The Treasurer was quick to issue a press release celebrating the bill's passage: Treasurer: Strengthened competition law to benefit Aussie small businesses and consumers (15 August 2017).

]]> Tue, 15 Aug 2017 11:10:02 +0100 http://australiancompetitionlaw.org/news.html John Durie's column today hightlights the various developments in competition law taking place this week; among them parliamentary debate on the Harper amendments.

See John Durie, 'A weighty week for competition law' (The Australian, 15 August 2017).

]]> Mon, 14 Aug 2017 20:41:49 +0100 http://australiancompetitionlaw.org/news.html Debate resumed in the senate on the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017, including consideration of two amendments - one from the Greens and one from the Nick Xenophon team.

The Xenophon amendment (which included substantial changes to the proposed law, including introduction of divestiture powers for breaches of s 46) did not succeed. The Greens' amendment, which related to the telecommunications industry provisions in Schedule 2, was supported.

The bill then passed comfortably (22 vote majority) despite opposition from the Labor Senators.

See eg, AAP, 'Competition laws clear the Senate: New laws designed to protect small businesses from big competitors like Coles and Woolworths have cleared the Senate' (SBS, 14 August 2017)

]]> Sun, 13 Aug 2017 09:41:19 +0100 http://australiancompetitionlaw.org/news.html Despite the Greens supporting passage of the Competition and Consumer Legislation Amendment (Small Business Access to Justice) Bill 2017 (now befor ethe House), they have warned Labor not to use this as an excuse to oppose the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 due to be debated next week.

See Belinda Merhab, 'Greens warn Labor over competition law' (The Weekend Australian, 10 August 2017).

]]> Thu, 10 Aug 2017 09:40:47 +0100 http://australiancompetitionlaw.org/news.html Debate resumed in the Senate today on the Competition and Consumer Legislation Amendment (Small Business Access to Justice) Bill 2017 - a private members' bill introduced by Senator Katy Gallagher in February. Several speeches were made in relation to the Bill and the bill passed by 36-22.

The Bill was then introduced and read a first time in the House. If passed by the House the Bill will amend the Competition and Consumer Act to allow judges to waive liability for adverse costs to small bsuiness litigants in misuse of market power cases.

]]> Thu, 10 Aug 2017 09:40:20 +0100 http://australiancompetitionlaw.org/news.html The Federal Government has reappointed Delia Rickard as Deputy Chair of the ACCC for five years. ACCC Chairman, Rod Sims, said of the re-appintment:

'Delia has made an outstanding contribution to the work of the ACCC over the past five years, particularly in relation to consumer protection ... Delia is a tireless advocate for consumer rights and leads the Commission’s product safety and scam disruption work. ... Delia’s reappointment reaffirms the Government’s commitment to consumer protection and welfare amongst its broader market performance-enhancing initiatives across the economy. We look forward to Delia’s continued leadership in these important areas at the ACCC ...'

View media release.

]]> Thu, 10 Aug 2017 11:32:28 +0100 http://australiancompetitionlaw.org/news.html The ACCC has today 'granted authorisation to coordinate airline services for five years to Virgin Australia Airlines, the HNA Aviation Group, Hong Kong Airlines and Hong Kong Express Airways.' The ACCC believes the alliance 'will likely realise significant public benefits, primarily through supporting the introduction of new services between Australia and mainland China and Hong Kong including by Virgin'. Interim authorisation has been in place since March.

View media release. See authorisation register.

]]> Thu, 10 Aug 2017 11:31:58 +0100 http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues on BP's proposed acquisition of Woolworths' petrol sites, identifying some preliminary concerns that the proposed acquisition 'may substantially lessen competition for the retail supply of fuel across metropolitan areas.'

Submissions on the SOI are due by 7 September. A final decision is expected by 26 October 2017.

View media release. View merger register.

]]> Thu, 10 Aug 2017 11:31:36 +0100 http://australiancompetitionlaw.org/news.html The ACCC has issued a Statement of Issues raising preliminary concerns about the proposed merger between Camp Australia and Junior Adventures. The primary concern is that:

... the loss of competition between Camp Australia and JAG for the supply of before and after school care could result in higher prices for parents and lower quality care for students in some states ...

The ACCC has invited further submissions which are due by 25 August; a final decision is expected by 26 October 2017.

View media release. View merger register.

]]> Thu, 10 Aug 2017 11:30:57 +0100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was listed on the Senate's Order of Business yesterday, but time defeated resumption of second reading debate. This morning debate on the Competition and Consumer Legislation Amendment (Small Business Access to Justice) Bill 2017 resumed; the MMP bill is not currently listed for debate.

]]> Thu, 10 Aug 2017 11:29:59 +0100 http://australiancompetitionlaw.org/news.html Josh Frydenberg MP (Minister for the Environment and Energy) introduced a new bill - the Competition and Consumer Amendment (Abolition of Limited Merits Review) Bill 2017 into the House today.

The Explanatory Memorandum states that the Bill amends the CCA to

'prevent the Australian Competition Tribunal ... from reviewing certain decisions made under the national energy laws and to ensure that decisions made by the Australian Energy Regulator (AER) under those laws are not subject to merits review by any other State or Territory body'

]]> Wed, 9 Aug 2017 11:29:38 +0100 http://australiancompetitionlaw.org/news.html In a sign that the Government has not forgotten about competition policy reform, Treasury today released Exposure Draft amendments to the Competition and Consumer Regulations which will follow from proposed amendments to the Act in the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 and the Competition and Consumer Amendment (Competition Policy Review) Bill 2017, both currently before Parliament.

Submissions may be made until 22 August.

]]> Mon, 7 Aug 2017 11:27:05 +0100 http://australiancompetitionlaw.org/news.html Professor Caron Beaton-Wells has penned an opinion piece for The Conversation on last week's criminal conviction of NYK for cartel conduct.

See Caron Beaton-Wells, 'Cartel case shows not all corporate misbehaviour goes unpunished' (The Conversation, 7 August 2017).

See also NYK case page for further details.

]]> Sat, 5 Aug 2017 15:18:00 +0100 http://australiancompetitionlaw.org/blog/2017/08/05/sims-lca/ ACCC Chairman, Rod Sims has spoken at the Law Council of Australia's Business Law Section Competition and Consumer Committee Workshop, discussing the ACCC's compliance and enforcement mix, investment in the ACCC's criminal cartel unit and mergers. View speech.

Importantly, Sims announced that the ACCC would be taking a more documentary-heavy approach to evidence gathering in contentious merger cases, including more s 155 notices which would push out timelines in those cases.

On a separate matter, Sims announced that the ACCC would be reviewing its cartel immunity and cooperation policy again in light of recent experiences with criminal cartel investigations.

See further my blog on this: 'ACCC to increase focus on evidence-gathering in merger cases' (Australian Competition Law Blog, 5 August 2017).

See also Michael Smith, 'ACCC says mergers to take longer under document-heavy approach' (AFR, 5 August 2017) and Sarah-Jane Tasker, 'ACCC gets more demanding in merger crackdown' (The Australian, 5 August 2017).

]]> Fri, 4 Aug 2017 09:17:52 +0100 http://australiancompetitionlaw.org/blog/2017/08/04/first-criminal-cartel-conviction-some-initial-thoughts/ I've posted a blog with some initial thoughts on the cartel fine handed down yesterday against NYK: see NYK blog.

]]> Thu, 3 Aug 2017 20:28:44 +0100 http://australiancompetitionlaw.org/news.html The Federal Court today convicted Nippon Yusen Kabushiki Kaisha (NYK) of criminal cartel conduct and ordered it to pay a fine of $25m. This was the first successful prosecution under Australia's criminal cartel provisions which have been in place since 2009. The fine includes a significant discount (50%) for an early guilty plea, cooperation and contrition)

See ACCC media release. See judgment. See my case page for further details.

See also James Thomson, 'ACCC secures second biggest fine ever against shipping cartel' (AFR, 3 August 2017), Nick Toscano, 'Shipping giant convicted, fined $25m, for running Australian car imports cartel' (SMH, 3 August 2017) and Christian Edwards, 'Japanese shipping firm fined $25m in first successful criminal cartel prosecution' (The Australian, 3 August 2017)

]]> Mon, 31 Jul 2017 20:31:17 +0100 http://australiancompetitionlaw.org/news.html The Federal Court has ordered that Prysmian Cavi E Sistemi SRL pay a pecuniary penalty of $3.5 m for cartel conduct in relation to the supply of high voltage land cables. This follows the Court's finding of contravention in July last year.

See ACCC media release.

See penalty decision: ACCC v Prysmian Cavi E Sistemi S.R.L. (No 13) [2017] FCA 851 (28 July 2017).

]]> Thu, 27 Jul 2017 20:31:02 +0100 http://australiancompetitionlaw.org/news.html Lawyers weekly has an item discussing Allen & Overy's Global Cartel Enforcement report which predicts the ACCC will be more active in cartel enforcement in the second half of 2017. See Tom Lodewyke, 'ACCC to ‘up the ante’ against cartels: report' (Lawyers Weekly, 27 July 2017).

See also Allen & Overy Global Cartel Enforcement 2017 Mid-Year report. The report notes that in the past six months the ACCC has issued only one cartel fine, but that increased activity is expected in the second half of 2017 as the ACCC awaits judgments and penalty outcomes in a number of proceedings (including the Flight Centre case).

]]> Thu, 27 Jul 2017 20:30:37 +0100 http://australiancompetitionlaw.org/news.html The ACCC Chairman, Rod Sims, delivered the welcome address at the ACCC & AER Regulatory conference, focusing on electricity affordability. See speech. See also opinion piece in the Courier Mail: Rod Sims, 'Opinion: It's time to get real on electricity prices' (The Courier-Mail, 27 July 2017).

See also John Durie, 'Rod Sims and ACCC takes on power affordability' (The Australian, 27 July 2017) and Ben Potter, 'ACCC's Rod Sims wants cheaper energy, more competition' (AFR, 26 July 2017).

]]> Tue, 25 Jul 2017 20:29:29 +0100 http://australiancompetitionlaw.org/news.html The ACCC will hold its first public hearing into power prices in Brisbane today as part of its inquiry into national electricity prices, ordered by the Treasurer in March. Several other forums are scheduled over the coming months. The ACCC has also released an overview of the submissions made in response to the issues paper.

See, eg, Cameron Atfield, 'ACCC to hold first public hearing into power prices in Brisbane on Tuesday' (SMH, 23 July 2017).

]]> Fri, 21 Jul 2017 20:29:22 +0100 http://australiancompetitionlaw.org/news.html The ACCC has withdrawn its application for an injunction to prevent the Tabcorp/Tatts deal proceeding while its application for judicial review is considered. The injunction application was due to be considered by the Federal Court next Thursday.

See Sarah-Jane Tasker, 'ACCC withdraws injunction to stop Tabcorp completing Tatts takeover' (The Australian, 21 July 2017).

]]> Fri, 21 Jul 2017 10:08:51 +0100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, addressed the 2017 Australian Conference of Economists in Sydney today. In his speech he referenced increasing public disillusionment with the market economy and disappointment that the economics profession had not 'been more influential in public policy debates in recent time'. He observed that economists 'who ground their contributions in the facts of everyday life and relax the often abstract assumptions of theory will find an audience more willing to listen'.

See media release. View speech ('Ceteris Paribus, Competition is King' (2017 Annual Conference of Economists, 21 July 2017)).

]]> Thu, 20 Jul 2017 10:08:34 +0100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, addressed the Communications Day Unwired Revolution Conference in Sydney today. He claimed there were 'encouraging signs that competition in the sector was healthy' and welcomed the entrance of new participants. See media release. View speech.

]]> Thu, 13 Jul 2017 13:57:08 +0100 http://australiancompetitionlaw.org/news.html The ACCC has released its findings into an investigation of the contracts of CUB and Lion, following allegations from some craft brewers that they were being locked out of beer taps in certain venues as a result of exclusivity provisions and volume requirements.

The ACCC concluded that the contracts were unlikely to result in a substantial lessening of competition in the markets investigated. However, it notes that it will continue to monitor developments in the market.

See ACCC media release.

]]> Wed, 12 Jul 2017 13:56:41 +0100 http://australiancompetitionlaw.org/news.html CrownBet, one of the interveners Tabcorp's application for merger authorisation, has filed for judicial review of the Tribunal's decision. This follow's the ACCC's application for judicial review on Monday. See Sarah-Jane Tasker, 'CrownBet joins battle against Tabcorp-Tatts merger' (The Australian, 13 July 2017)

The Federal Court has scheduled a case management hearing for both applications for 9:30am Friday.

]]> Mon, 10 Jul 2017 18:30:37 +0100 http://australiancompetitionlaw.org/news.html The ACCC has applied to the Federal Court for a judicial review of the Australian Competition Tribunal’s recent Tabcorp/Tatts merger authorisation decision. An appeal on the merits is not available for Tribunal merger authorisation decisions, but the ACCC is seeking judicial review, alleging three reviewable errors, including that the Tribunal erred in its reasoning that 'it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition’.  

See ACCC Media Release, 10 July 2017. See also my blog piece for further details and links to news and commentary.

]]> Fri, 7 Jul 2017 14:29:38 +0100 http://australiancompetitionlaw.org/news.html The ACCC has announced that Ms Jeanne Pratt of the Canadian Competition Bureau will be 'acting Executive General Manager of its Merger and Authorisation Review Branch as part of a 12-month interchange' with Mr Rami Greiss taking up the position of Senior Deputy Commissioner, Cartels and Deceptive Marketing Practices Branch at the Canadian Competition Bureau.

The ACCC press release notes that this exchange will 'provide ACCC staff the opportunity to expand their knowledge of international competition regimes and best practices, share their experiences of the Australian regime and for both countries to continue to build their expertise in various areas of competition.'

See ACCC media release. See Canadian Competition Bureau News Release.

]]> Tue, 4 Jul 2017 10:32:04 +0100 http://australiancompetitionlaw.org/news.html The ACCC will examine the proposed acquisition of Ten Network by Lachlan Murdoch and Bruce Gordon, which will be contingent on changes to media ownership law. See merger register.

See, eg, Max Mason, 'ACCC to look at Lachlan Murdoch and Bruce Gordon's Ten bid' (AFR, 4 July 2017), Andrew White and John Durie, 'ACCC reviews proposed joint bid for Ten Network' (The Australian, 4 July 2017), Christian Edwards, ''Outflanked': 'Outflanked': Murdoch and Gordon face a race for control of Ten, analyst says' (SMH, 5 July 2017), and AAP, 'ACCC confirms takeover bid for Network Ten by Lachlan Murdoch and Bruce Gordon' (news.com.au, 5 July 2017).

]]> Mon, 3 Jul 2017 10:31:45 +0100 http://australiancompetitionlaw.org/news.html The ACCC has urged small business owners to prepare for the ban on excessive payment surcharges that will come into operation on 1 September 2017. The law limiting the amount business can charge for the use of certain payment methods (eg, EFTPOS, Visa) came into operation for large businesses last year, but will apply to all business from 1 September 2017. Under the new laws business can only pass on the cost of processing payments (anything exceeding this is considered 'excessive').

The new laws were introduced through the Competition and Consumer Amendment (Payment Surcharges) Act 2016, which inserted a new Part IVC of the CCA, including s55B which provides that a 'corporation must not, in trade or commerce, charge a payment surcharge that is excessive'.

See ACCC media release 'Small business urged to review their payment surcharges' (3 July 2017) and ACCC payment surcharges page.

]]> Fri, 30 Jun 2017 10:31:09 +0100 http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation for the LPO Group 'and its current and future licensed post office members to  collectively negotiate, enter into and give effect to agreements with Australia Post.' The authorisation is limited to 'licensee payments and commissions as part of the annual payment review, as well as remuneration for any new services introduced by Australia Post'. The ACCC does not consider that the granting of interim authorisation will harm the competitive process or interested parties while full consideration of the application continues. See ACCC media release. See authorisation register.

]]> Thu, 22 Jun 2017 10:29:58 +0100 http://australiancompetitionlaw.org/news.html The Australian Competition Tribunal has published its reasons for decision in the Tabcorp merger authorisation (Application by Tabcorp Holdings Limited [2017] ACompT 1). The reasons run to 255 pages. The ACCC has also provided an initial response indicating that it 'will now consider the reasons for decision published by the Tribunal.' See my case page for further details links to commentary.

]]> Thu, 22 Jun 2017 10:58:41 +0100 http://australiancompetitionlaw.org/news.html#cabchargeaccc The ACCC has announced it will not oppose the proposed acquisition by Cabcharge of Yellow Cabs (Qld), concluding that the acquisition was unlikely to 'result in Cabcharge foreclosing competition from alternative non-cash payment system providers, as there are a number of alternative systems available and it is drivers who choose which system to use' and that the taxi business is also being 'constrained by the popularity of ridesharing services such as Uber'. View media release. View merger register.

]]> Wed, 21 Jun 2017 22:57:23 +0100 http://australiancompetitionlaw.org/news.html#baxt8 Judge Douglas Ginsburg (Federal US judge on the Court of Appeals for the District of Columbia and Professor of law, George Mason University) delivered the 8th Annual Baxt Lecture at the Melbourne Law School this evening, speaking on 'Designing Cartel Sanctions: A Continuing Debate'.

Judge Ginsburg's address focussed on the importance of directing sanctions to the individuals involved in the contraventions, rather than continuing to increase corporate sanctions; the latter, it was argued, both fails to increase deterrence and imposes penalties on shareholders who were not involved in the misconduct and cannot be deterred.

]]> Wed, 21 Jun 2017 10:55:29 +0100 http://australiancompetitionlaw.org/news.html#tabcorpapproved The Australian Competition Tribunal Tribunal has authorised the proposed acquisition of Tatts Group ltd by Tabcorp; reasons for this decision are expected to be published on Thursday. Tabcorp has issues a press release welcoming the decision. See also John Durie, 'Tabcorp’s high-risk strategy pays off as tribunal approves Tatts merger' (The Australian, 20 June 2017) and John Stensholt, 'Tabcorp-Tatts $11b merger gets green light from Competition Tribunal' (AFR, 20 June 2017). See my case page for further details an links.

]]> Wed, 14 Jun 2017 10:40:28 +0100 http://australiancompetitionlaw.org/news.html#cargo The High Court today unanimously dismissed the appeals from Air New Zealand and PT Garuda Indonesia Ltd. The appeals focus on the meaning of a market 'in Australia'. The High Court's judgment summary states that:

'The plurality held that a market, within the meaning of the TPA, was a notional facility which accommodated rivalrous behaviour involving sellers and buyers, and that it was the substitutability of services as the driver of the rivalry between competitors to which s 4E looked to identify a market, rather than the circumstances of the act of substitution or the "switching decision" itself. In this case, the primary judge's findings established that Australia was not merely the "end of the line" for the air cargo services but was also a vital source of demand for those services from customers, namely, large shippers who were regarded as important to the profitability of the airlines' businesses. As a practical matter of business, the airlines' rivalrous pursuit of Australian customers, in the course of which the matching of supply with demand occurred, was in a market which included Australia; that was so even if the market might also have been said to include Singapore, Hong Kong or Indonesia'

See High Court case page. See also my case page for links to ealier judgments and commentary. Details to follow.

]]> Thu, 8 Jun 2017 19:59:29 +0100 http://australiancompetitionlaw.org/news.html#dupont The ACCC has announced it will not oppose the proposed merger of The Dow Chemical Company and EI Du Pont de Nemours and Company in Australia.

The merger was previously cleared by other agencies; in the EU approval was subject to divestiture of certain assets. The ACCC considers that their earlier competition concerns regarding the merger will be addressed by those global divestments.

See ACCC media release. See merger register.

]]> Wed, 7 Jun 2017 19:58:59 +0100 http://australiancompetitionlaw.org/news.html#mccowan Mark McCowan, Parnter at Corrs Chambers Westgarth, has published an opinion piece entitled 'A Trust-Busting Wind is Blowing', warning against populist reforms to Australian competition laws.

]]> Wed, 7 Jun 2017 17:28:14 +0100 http://australiancompetitionlaw.org/news.html#stephan Shadow Assistant Treasurer, Andrew Leigh MP, will call for more to be done about Australia's 'growing competition problem' in a seminar to be delivered at Murdoch University today. Amongst other things, he will argue something needs to be done about the increasing use of non-compete clauses which, he will argue, 'make it harder for employees to switch to a better job and stifle start-ups'. See Gareth Hutchens, 'Labor flags plan to crack down on non-compete clauses for employees' (The Guardian, 7 June 2017). See also, AAP, 'Industry concentration worsening: Labor' (7 June 2017).

]]> Wed, 7 Jun 2017 11:46:39 +0100 http://australiancompetitionlaw.org/news.html Shadow Assistant Treasurer, Andrew Leigh MP, will call for more to be done about Australia's 'growing competition problem' in a seminar to be delivered at Murdoch University today. Amongst other things, he will argue something needs to be done about the increasing use of non-compete clauses which, he will argue, 'make it harder for employees to switch to a better job and stifle start-ups'.

]]> Wed, 7 Jun 2017 10:31:21 +0100 Although not Australian specific, UK Prof (and frequent visitor to Aus) Andreas Stephan's new paper examining the normative justifications for cartel criminalisation is nevetheless highly relevant to Australian competition law enforcement. Australia has criminalised cartels since 2009 but has yet to charge any individuals for cartel conduct.

The paper (Andreas Stephan, 'An empirical evaluation of the normative justifications for cartel criminalisation' (2017) Legal Studies) also references an Australian empirical study on cartel criminal sanctions conducted by the University of Melbourne and published in 2013 (Beaton-Wells and Parker ‘Justifying criminal sanctions for cartel conduct: a hard case’ (2013) 1(1) J Antitrust Enforcement 198)

]]> Fri, 2 Jun 2017 10:36:29 +0100 http://australiancompetitionlaw.org/news.html Professor Caron Beaton-Wells has an item in today's The Conversation calling for bigger penalties for companies found to have engaged in cartel conduct that causes harm to Australian consumers. Current fines are described as 'woefully below international benchmarks'. The ACCC's appeal against the Court's decision to fine Yazaki only A$9.5 million for cartel conduct is discussed. See Caron Beaton-Wells, 'Cartels caught ripping off Australian consumers should be hit with bigger fines' (The Conversation, 2 June 2017).

]]> Fri, 2 Jun 2017 10:36:10 +0100 http://australiancompetitionlaw.org/news.html There's plenty of media about the Tabcorp merger authorisation application currently before the Tribunal. The ACCC made submissions to the Tribunal today arguing that the proposed merger would not reap the public benefits claimed. A decision is expected from the Tribunal (comprising Justice Middleton, Grant Latta and Darryn Abraham) later this month. See, eg, John Durie, 'ACCC off leash over Tabcorp-Tatts' (The Australian, 1 June 2017), John Stensholt, 'ACCC "not satisfied" Tabcorp Tatts merger in public interest' (AFR, 2 June 2017) and Richard Gluyas, 'ACCC leaves $11bn Tabcorp-Tatts merger hopes in tatters' (The Australian, 2 June 2017). See further John Durie, 'Tabcorp's bet could sour' (The Australian, 2 June 2017, p 38).

]]> Tue, 30 May 2017 16:35:23 +0100 http://australiancompetitionlaw.org/news.html Following release of a statement of issues by the ACCC on 4 May, the proposed merger between APN Outdoor Group Ltd and oOh!media was terminated. Clifford Chance's Dave Poddar has published a client briefing on the proposed merger, noting the importance of 'market definition and dynamics in media mergers'. See Dave Poddar, 'The ACCC says Ooh No! to the oOh!media - APN Outdoor merger' (Clifford Chance Client Briefing, 30 May 2017). See also Patrick Hatch, 'oOh!Media and APN drop $1.6 billion merger after competition concerns' (SMY, 19 May 2017), Simon Canning, 'ACCC boss hits out at Ooh Media and warns outdoor merger failure offers lessons for media consolidation' (Mumbrella, 22 May 2017) and Bridget Carter & Scott Murdoch, 'Future foggy as APN Outdoor, oOh!media deal fails' (The Australian, 22 May 2017).

]]> Tue, 30 May 2017 14:49:14 +0100 http://australiancompetitionlaw.org/news.html The ACCC has appealed the decision of the Federal Court to impose a penalty of $9.5 million against Yazaki Corporation for collusion; the ACCC had sought a penalty between $42-$55 million. View media release. View case page.

]]> Tue, 23 May 2017 14:48:57 +0100 http://australiancompetitionlaw.org/news.html James Gould has a post in King&Wood Mallesons' 'In Competition' blog discussing two recent South Australian authorisation decisions. See James Gould, 'South Australia: A Tale of Two Authorisations' (In Competition, 23 May 2017).

]]> Thu, 18 May 2017 14:48:40 +0100 http://australiancompetitionlaw.org/news.html The ACCC has authorised a Charter Alliance Agreement between Virgin and Alliance Aviation Services, pursuant to which the Virgin Australia Regional Airlines and Alliance Aviation Services will 'jointly bid for and contract with corporate charter customers in relation to the provision of fly-in fly-out (FIFO) services.' This follows the ACCC's initial proposal to deny authorisation in December 2016; subsequent market inquiries led the ACCC to conclude there were a 'number of factors that mitigate the risk to competition' so that likely public benefits will outweigh likely detriments.. View media release. View authorisation register.

]]> Tue, 16 May 2017 14:48:22 +0100 http://australiancompetitionlaw.org/news.html The Australian Competition Tribunal commenced its hearing of Tabcorp's merger authorisation application today. The matter is listed in the Victorian Fedearl Court Registry from 16 May - 2 June 2017 before Justice Middleton (President), Mr Grant Latta AM (Member) and Dr Darryn Abraham (Member). See, eg, John Stensholt, 'ACCC hits out at Tabcorp as merger hearings begin' (AFR, 16 May 2017) and Ben Butler and Sarah-Jane Tasker, 'Tatts, Tabcorp merger will produce a behemoth, says ACCC' (The Australian, 17 May 2017).

]]> Thu, 11 May 2017 14:47:58 +0100 http://australiancompetitionlaw.org/news.html The Competition and Consumer Legislation Amendment (Small Business Access to Justice) Bill 2017, introduced by on 16 February by Senator Gallagher, was debated in the Senate on 11 May 2017. Several speeches were made by ALP and LP Senators and by Senator Xenophon, who noted during the course of his speech that he and his colleagues support, 'with some amendments' the 'effects test' contained in the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016. In this respect, Senator Xenophon indicated he would move 'a whole range of amendments based on this bill to the government's effects test bill, because we think that is the right thing to do in order to make that piece of legislation work much more effectively'. All speeches can be viewed on the Second Reading speeches page for the bill.

]]> Tue, 9 May 2017 13:22:57 +0100 http://australiancompetitionlaw.org/news.html The Federal Court today imposed penalties against Yazaki for 'engaging in collusive conduct with a competitor when supplying wire harnesses to Toyota Motor Corporation (Toyota) in Australia.' The ACCC sought significantly higher penalties (between $42-$55m) and is carefully considering the judgment. See ACCC press release. See case page.

]]> Tue, 9 May 2017 13:22:39 +0100 http://australiancompetitionlaw.org/news.html Katharine's Kemp's new article on misuse of market power is now available as an advance copy from the UNSW Law Journal. See Katharine Kemp, ‘“The Big Chill”? A Comparative Analysis of Effects-Based Tests for Misuse of Market Power’ (2017) 40(2) University of New South Wales Law Journal.

]]> Sat, 6 May 2017 13:22:20 +0100 http://australiancompetitionlaw.org/news.html The Chairman's speech at today's Competition Law Conference addressed the role of the ACCC in 'restoring faith in free markets'. View speech. This followed a keynote address by former Chief Justice of the High Court, The Hon Robert French AC, who discussed the 'Role of the Regulator as Competition Advocate'.

]]> Fri, 5 May 2017 13:22:09 +0100 http://australiancompetitionlaw.org/news.html The ACCC has released its draft decision 'proposing to not declare a wholesale domestic mobile roaming service', observing that theres is 'insufficient evidence that declaration will improve the current state of competition.' See ACCC media release. See draft decision on Domestic Mobile Roaming Declaration Inquiry 2016 page.

]]> Thu, 4 May 2017 13:21:24 +0100 http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues 'expressing preliminary concerns about the proposed merger between APN Outdoor Group Limited ... and oOh!media Limited'. The concerns arise from the fact that the merger will 'combine the two largest providers of out-of-home advertising in Australia, creating a market leader with over 50 per cent of all out-of-home advertising, and an even higher share in some segments ...' See media release. See merger register.

]]> Thu, 4 May 2017 13:18:50 +0100 http://australiancompetitionlaw.org/news.html The ACCC today announced that it has decided not to oppose the proposed acquisition by Caltex of a 'chain of Victorian service stations from Milemaker Petroleum'. This decision followed a Statement of Issues released in March and was described by the ACCC Chairman as a 'difficult decision' because 'competition will be reduced'; the ACCC concluded, however, that that reduction would not be substantial. See media release. See merger register.

]]> Mon, 1 May 2017 15:56:16 +0100 http://australiancompetitionlaw.org/news.html The ACCC has 'instituted proceedings in the Federal Court against Ramsay Health Care Australia Pty Limited (Ramsay) for alleged anti-competitive conduct involving misuse of market power and exclusive dealing in the Coffs Harbour region.' See ACCC media release. The matter is listed for its first case management hearing on 13 June.

]]> Mon, 1 May 2017 15:56:02 +0100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has described the current misuse of market power laws as 'almost unusable' according to SMH. The SMH article also notes that in order to pass the proposed changes to the MMP law the Government will need the support of at least one crossbencher. See Madeleine Heffernan, 'Misuse of market power laws "almost unusable', ACCC chairman Rod Sims says' (SMH, 30 April 2017).

]]> Wed, 26 Apr 2017 15:55:46 +0100 http://australiancompetitionlaw.org/news.html Former ACCC Chairman, Graeme Samuel, has dismissed claims that Amazon's entry into the Australian market would result in higher prices for Australian consumers, noting the entry of major international competitors into other markets in Australia has not driven out local competition. See Jackson Stiles, 'Nothing to fear from Amazon: former ACCC boss' (The New Daily, 26 April 2017)

]]> Thu, 20 Apr 2017 15:55:12 +0100 http://australiancompetitionlaw.org/news.html The ACCC has 'issued a draft decision not to accept the proposed Hunter Valley rail network access undertaking lodged by the Australian Rail Track Corporation'. See ACCC media release. See Hunter Valley ccess undertaking 2017 page.

]]> Thu, 13 Apr 2017 15:54:55 +0100 http://australiancompetitionlaw.org/news.html The ACCC has 'issued a draft determination proposing to allow the South Australian Chamber of Mines and Energy, along with 24 other South Australian businesses, to establish a joint electricity purchasing group.' See ACCC media release. See authorisation register.

]]> Thu, 13 Apr 2017 15:54:34 +0100 http://australiancompetitionlaw.org/news.html The ACCC has 'authorised members of the Canegrowers Organisation to collectively bargain cane supply and related contracts with mill owners and sugar marketers for ten years.' See media release. See authorisation register.

]]> Thu, 13 Apr 2017 15:54:14 +0100 http://australiancompetitionlaw.org/news.html Gilbert + Tobin's Elizabeth Avery has published her 'Insights' on the Competition and Consumer Amendment (Competition Policy Review) Bill 2017, noting the changes from the exposure draft legislation. See 'Competition and Consumer Act Amendment Bills introduced into Parliament, but with further changes' (G+T, Insights, 12 April 2017).

]]> Mon, 3 Apr 2017 15:53:56 +0100 http://australiancompetitionlaw.org/news.html In his column today, John Durie's warns that the ACCC's new 'dual rol'e as a 'point person' for the Government on 'key market issues' poses a risk to its reputation. See John Durie, 'ACCC's new dual role could pose a risk to its reputation' (The Australian, 3 April 2017).

]]> Sat, 1 Apr 2017 15:53:23 +0100 http://australiancompetitionlaw.org/news.html Richard L'Estrange at King&Wood Mallesons has published a blog piece reviewing '2016: The Year in Mergers' - it includes some commentary on the 33 public ACCC merger reviews as well as a tabular summary of their outcomes. See Richard L'Estrange, '2016: The Year in Mergers' (In Competition,King & Wood Mallesons, 28 March 2017)

]]> Fri, 31 Mar 2017 09:45:38 +1100 http://australiancompetitionlaw.org/news.html final determination denying authorisation to the CBA, Westpac, NAB and Bendigo and Adelaide Bank to collectively bargain with and boycott Apple Pay. Chairman Rod Sims indicated that the ACCC was 'not satisfied, on balance, that the likely benefits from the proposed conduct outweigh the likely detriments. We are concerned that the proposed conduct is likely to reduce or distort competition in a number of markets'.

See ACCC media release and authorisation register. See also my earlier blogs on the authorisation application ('Apple versus the banks' (20 August 2016); 'Banks Denied Interim Authorisation for Cartel Conduct' (19 August 2016); 'Apple goes on the attack' (8 Feb 2017)).

]]> Thu, 30 Mar 2017 11:25:00 +1100 http://australiancompetitionlaw.org/blog/2017/03/30/harper-reforms-state-of-play/ The Harper recommendations for reform to Australia’s competition laws are being introduced in two stages, with the misuse of market power reforms being debated separately from the remaining reforms.

See blog piece for further details

]]> Thu, 30 Mar 2017 10:26:49 +1100 http://www.australiancompetitionlaw.org/legislation/2017harper.html The Competition and Consumer Amendment (Competition Policy Review) Bill 2017 has been introduced into the House. Second reading debate has been ajourned until the next sitting of Parliament.

]]> Wed, 29 Mar 2017 20:26:06 +1100 http://australiancompetitionlaw.org/legislation/2016harper-mmp.html The Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 was read for a first time in the Senate and second reading speeches commenced but were then adjourned until the first day of the next sitting period.

]]> Tue, 28 Mar 2017 17:33:26 +1100 http://australiancompetitionlaw.org/legislation/2016harper-mmp.html The Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 passed the House of Representatives today, incorporating the Government's amendments (changing the commencement date and removing mandatory factors for court to consider).

The Bill is listed for debate in the Senate tomorrow.

]]> Tue, 28 Mar 2017 10:21:53 +1100 http://australiancompetitionlaw.org/news.html Debate on the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 resumed in the House of Representatives yesterday with a further 13 second reading speeches before it was agreed that the bill be read a second time.

Treasurer Scott Morrison's amendment (changing the commencement date and removing mandatory factors for Court to consider) also passed before an adjournment. A brief supplementary explanatory memo was also tabled in relation to the amendment. It explains the change to the mandatory factors follows the Senate Economics Legislation Committee recommendation and was designed to reduce complexity and uncertainty and 'reduce the risk that "substantially lessening competition" would unintentionally take on a different meaning in the context of section 46 compared to other provision ...'. It is not intended to 'change the objective of the new section 46'.

The supplementary EM also indicates that the introduction of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 is 'imminent' and that the proposed change in commencement date is designed to ensure that the new MMP provision will not be introduced unless and until authorisation is made available (in the new bill) for section 46 conduct.

]]> Fri, 24 Mar 2017 20:21:30 +1100 http://australiancompetitionlaw.org/news.html The Australian's John Durie reports today that the next suite of Harper Reforms are expected to be tabled in Parliament next week: John Durie, 'CBA within the law but community expects more' (The Australian, 24 March 2017) (scroll down to 'Playing both sides').

]]> Fri, 24 Mar 2017 18:20:48 +1100 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 resumed in the House of Representatives yesterday, with Andrew Leigh MP (ALP), Ted O'Brien (LNP) and Tim Watts MP (ALP) all delivering speeches. Debate was adjourned in the late afternoon; the House next sits on Monday 27 March.

See also Eli Greenblat, 'BCA's Grant King: effects test will lead to lawsuits' (The Australian, 24 March 2017); Jacob Greber, 'BCA unleashes on Malcolm Turnbull's 'supposed free-market government (AFR, 23 March 2017); Michael Smith, 'BCA's King talks tough as government relations sour' (AFR, 23 March 2017) and John Durie, 'CBA within the law but community expects more' (The Australian, 24 March 2017) (scroll down to 'Playing both sides').]]> Thu, 23 Mar 2017 11:53:16 +1100 http://australiancompetitionlaw.org/news.html Debate on the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 is set to resume in the House of Representatives today, with Treasurer Scott Morrison set to move the amendment to the bill proposed by the Senate Economics Committee. This amendment can be found on the Bill's homepage and removes the mandatory factors originally provided for in s 46(2).

The proposed amendment also changes the commencement date of the bill from the date of Royal Assent to the date that Schedule 1 to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 commences. That bill has not yet been introduced, but presumably contains the other reforms outlined in the Exposure Draft Legislation released late last year. This change would delay the commencement of the MMP changes but would also overcome the problem associated with the authorisation provisions for misuse of market power not being included in the separate MMP Bill.

See further Emma Koehn, 'Scott Morrison to amend effects test legislation to remove hurdles for proving misuse of market power' (Smart Company, 23 March 2017) and Jacob Greber, 'Morrison to kill off 'lawyer's picnic' in competition effects test' (Australian Financial Review, 22 March 2017).

See further John Durie, 'Tabcorp decision to switch regulators mid-race is being led by lawyers' (The Australian, 13 March 2017), James Thomson and John Stenshold, 'Tabcorp takes Tatts Group merger case straight to Competition Tribunal' (Australian Financial Review, 13 March 2017) and AAP, 'Tabcorp takes Tatts bid to tribunal' (SBS, 13 March 2017).

Labor senators dissented, claiming the effects test is 'a particularly dangerous economic policy'. Nick Xenophon, while 'broadly' supporting the committee recommendations, offered some additional comments, including once again calling for introduction of divestiture powers for breaching the misuse of market power provision. Further details to follow on my report page.

In November last year the ACCC issued a draft determination proposing to deny authorisation to the banks; however, it also noted that its draft decision was 'finely balanced'.

Apple's latest submission is in response to the draft determination. It concludes bluntly that it is Apple's view that the application by the banks 'is not primarily about NFC access' but rather is 'fundamentally about the applicant banks avoiding paying Apple fees for use of Apple Pay ... or specifically charging their cardholders for that use to discourage consumer use of Apple Pay and thereby reduce competition with their own proprietary wallets.' Authorisation would, Apple argues, produce no public benefit but only private benefit to the banks by allowing them to 'continue to free-ride on the significant investments made by Apple ... specifically in this case on the underlying technology installed on Apple devices to facilitate NFC payments without paying any fees for transactions processed via Apple Pay's secure element infrastructure ...'

For some more detail see my blog post. For a sample of recent media on this see, for example, James Eyers, 'Apple claims banks want digital wallets as a new revenue source' (AFR, 5 February 2017); Ariel Bogle, 'Apple's fight with big banks is getting even nastier, and it was already nasty' (MashableUK, 6 February 2017); Asha McLean, 'Apple argues Australian bank bargaining cartel is centred on fee avoidance' (ZDNet, 6 February 2017).

There is likely to be ongoing media on this - for a sample see Simone Smith, 'ACCC dairy inquiry: Hundreds of dairy farmers give evidence' (The Weekly Times, 7 February 2017), 'ACCC investigating claims milk processors threatening farmers' (Radio National (audio), 7 February 2017); Shan Goodwin, 'No power to bargain for dairy farmers, ACCC told' (North Qld Register, 7 February 2017); Shan Goodwin, 'ACCC dairy inquiry has teeth' (The Australian Dairy Farmer, 27 January 2017).]]> Sun, 5 Feb 2017 21:44:57 GMT http://australiancompetitionlaw.org/news.html decision in Flight Centre, which Sims claims has 'profound implications' for business, the ACCC will launch a review across the e-commerce sector. See Patrick Durkin, 'Rod Sims says ACCC 'too cautious' on penalties in the past' (AFR, 5 February 2017).]]> Tue, 24 Jan 2017 19:19:19 GMT http://australiancompetitionlaw.org/news.html The ACCC has announced it is 'inviting dairy farmers to share any concerns they may have about competition and fair trading at a series of public forums around the country' as part of the ACCC's Dairy Inquiry. See media release.

The ANU had alleged that the centres had refused to supply admission services to it 'for the purpose of preventing or restricting ANU from attracting students based in WA and SA respectively, and competing with the local tertiary institutions in those States.' The ACCC, while recognising the alleged conduct had 'the potential to raise competition issues' nevertheless decided to 'discontinue its investigation in light of the recent Higher Education Standards Panel’s report, Improving the Transparency of Higher Education Admissions Processes'. the recommendations in the report, when implemented 'will improve the accessibility and comparability of information for prospective students' and 'minimise any lessening of competition arising from the alleged conduct in the future'.

See ACCC media release. See also John Ross, 'ACCC drops investigation into TACs’ ‘anti-competitive’ behaviour' (The Australian, 21 December 2016) and Katie Burgess, 'ACCC drops probe sparked by Australian National University's complaint of cartel conduct' (Canberra Times, 22 December 2016).

For a good discussion of the issues and implications of the case see Alexandra Merrett, Woolworths case loss raises questions about the ACCC’s supermarket strategy (The Conversation, 13 December 2016).

See also Sarina Locke and Mazoe Ford, 'Mind the Gap: Woolworths scheme to hit suppliers for extra payments cleared in case against ACCC' (ABC, 8 December 2016).

'A majority of the High Court held that Flight Centre was in competition with the airlines when it attempted to induce each airline to agree not to discount the price at which that airline offered international airline tickets directly to customers. The competition was in a market for the supply, to customers, of contractual rights to international air carriage via the sale of airline tickets. Flight Centre and the airlines competed in that market'

The matter is being remitted to the Federal Court for penalty. Further details to follow. See also ACCC media release. See also my blog on this case for an overview of the findings and some comments.

The proposed penalties were accepted and today, in addition to cost orders, Justice Wigney imposed the following penalties (from ACCC media release; judgment not yet available):

• '$9 million against ANZ in respect of its admission that it engaged in ten instances of attempted cartel conduct in contravention of the Competition and Consumer Act 2010 (CCA); and
• $6 million against Macquarie in respect of its admission that it engaged in eight instances of attempted cartel conduct in contravention of the CCA.'

See ACCC media release.

For more details and links see my blog post.

In its media release the ACCC notes that the 'banks sought authorisation to bargain with Apple on two key issues: * access to the Near-Field Communication (NFC) controller in iPhones. Such access would enable the banks to offer their own integrated digital wallets to iPhone customers in competition with Apple’s digital wallet without using Apple Pay; * removing restrictions Apple imposes on banks preventing them from passing on fees that Apple charges the banks for the use of its digital wallet.

The banks' argument is that the conduct will 'increase the likelihood of being able to offer competing wallets on the iOS platform and pass through Apple fees, which would lead to a number of public benefits. However, the ACCC concluded the benefits claimed are 'uncertain and may be limited' and the 'proposed conduct could reduce or distort competition in a number of markets.'

See authorisation register. See also James Eyers, 'ACCC blocks banks' bid to collectively bargain over Apple Pay' (AFR, 29 November 2016); Clancy Yeats, 'ACCC rejects NAB, CBA, Westpac, Bendigo collective boycott of Apple Pay in draft ruling' (SMH, 29 November 2016) and and Daniel Palmer, 'ACCC leans toward blocking banks from teaming up over Apple Pay dispute' (The Australian, 29 November 2016).

See media release. See also, for example, 'ANZ, Macquirie Bank admit to cartel conduct' (Australian Financial Review, 25 November 2016).

See ACCC press release. See also John Durie, 'ACCC faces contest over shipping cartel' (The Australian, 15 November 2016).

View ACCC media release. View market study interim report. See also my Cattle and Beef market studies page.

See also Brian Robins, 'ACCC investigates claims of anti-competitive activity in cattle yards' (SMH, 31 October 2016), John Durie, 'An ACCC bull enters the saleyard' (The Australian, 31 October 2016), Matthew Stevens, 'ACCC chases cowboy cartels' (AFR, 31 October 2016).

See ACCC media release. Read the speech.

For related media see, for example, Gareth Hutchens, 'Australians will pay the price for dominance of big companies, says ACCC Chief' (The Guardian, 27 October 2016), Jacob Greber, 'ACCC boss Rod Sims hits out at damaging mergers' (AFR, 27 October 2016), Peter Martin, 'ACCC chairman Rod Sims puts the case for a default 'no' to big mergers' (SMH, 27 October 2016), Phillip Lasker, 'ACCC's Rod Sims says big company domination is leaving Australian consumers 'worse off'' (ABC, 27 October 2016), David Uren, 'ACCC's Sims warns top firms tightening grip on economy' (The Australian, 27 October 2016), Robert Gottliebsen, 'Beware the concentration of corporate power' (The Australian, 27 October 2016), Daniel Palmer, 'ACCC warns of greater scrutiny amid rising levels of business concentration' (The Australian, 27 October 2016).

See Rob Nicholls, 'Simpler account switching would help keep our banks honest' (The Conversation, 4 October 2016).

• speech to CommsDay Melbourne Congress
• market study into communications sector
• press release: 'ACCC invites industry comment on ‘complex, fascinating and vital’ telecommunications issues'

See also 'Sunday Times sale to The West Australian owner Seven West Media receives ACCC approval' (ABC News, 15 September 2016), Lucy Battersby, 'ACCC lets Seven West buy News Corp's Perth paper as readers, advertisers go online' (SMH, 15 September 2016), John Durie and Daniel Palmer, 'ACCC clears Seven West’s acquisition of West Australian media outlets' (The Australian, 15 September 2016), Jake Mitchell, 'Seven West ‘worthy custodians’ of Perth’s The Sunday Times' (The Australian, 16 September 2016).

Given proposed changes to s 155 powers in the Exposure Draft legislation - including in the form of a proposed reasonable search defence - the ACCC has indicated it will update the Guidance again to take account of those changes if and when passed. See media release.

• CCA 2010 amended in accordance with Exposure Draft Bill (mark-up showing) (PDF)
• CCA 2010 amended in accordance with Exposure Draft Bill (clean) (PDF)

See also Competition and Consumer Amendment (Competition Policy Review) Bill 2016 (Exposure Draft) (report page).

• Competition and Consumer Amendment (Competition Policy Review) Bill 2016 (Exposure Draft) (report page)
• ACCC consultation on ACCC Draft Framework for misuse of market power guidelines
• ACCC consultation on ACCC Draft Framework for concerted practices guidelines

See further my review page on the Competition and Consumer Amendment (Competition Policy Review) Bill 2016 (Exposure Draft).

• 'offer room rates that are equal to or lower than those offered on any other online travel agent
• offer room rates that are equal to or lower than those offered on an accommodation provider’s offline channels
• make all remaining room inventory available
• offer the same number and same type of rooms offered to any other online travel agent.'

Consultation with the online accommodation sector, which took place in September 2015, generated more than 500 responses. See consultation hub.

See ACCC media release.

See David Glance, 'Why the ACCC siding with the banks against Apple will not be in consumers' interests' (The Conversation, 22 August 2016).

In its decision denying interim authorisation the ACCC briefly noted that, after considering factors relevant to granting interim authorisation (set out in its decision) it was not appropriate to grant interim authorisation at this time. In particular, the ACCC noted that 'the applications raise complex issues for consideration' which require further market consultation, with the result that at this time 'the ACCC does not have sufficient information to form a view on the likely public benefits and public detriments of the proposed conduct or the possible harm to consumers.'

The ACCC further noted that it did not 'see compelling reasons to support the urgency of the application' and expressed concern that 'the proposed conduct has the potential for continuing impacts on competition, even if any arrangements reached are later unwound.'

See ACCC media release. See authorisation register.

The submission notes that Apple will provide a 'separate and comprehensive submission' at a later date, but makes a number of key points, urging ACCC to reject the banks' application for interim authorisation. Apple claims that the banks seeking authorisation view Apple Pay as a 'competitive threat' and that this is based on their 'limited understanding of the offering' and a desire to 'maintain complete control over their customers' and that the application represents a tactic to 'blunt Apple's entry into the Australian market'.

The submission then notes that a collective boycott is a 'hard-core breach' of the Act and would 'slow innovation and reduce choice'. Apple suggests there are no public interest justifications supporting the application. In particular, it argues that giving the banks simple access to its NFC antenna would 'fundamentally diminish the high level of security Apple aims to have' on its devices. It suggests interim authorisation would be inappropriate in the circumstances and the normal six month statutory assessment period should apply.

See, James Eyers, 'Apple says Australia's banks pose a security threat to iPhones' (AFR, 10 August 2016) and Angus Kidman, 'The war over access to Apple Pay and NFC looks set to run and run' (Finder,com.au). See ACCC authorisation register, including Apples submissions and submissions by other interested parties.

See also Max Mason and Julie-anne Sprague, 'ACCC analyses Seven West Media's Sunday Times acquisition' (AFR, 4 August 2016).

See ACCC media release. See SBAS declaration inquiry page. See also, for example, Corinne Reichert, 'ACCC to regulate super-fast broadband for next five years' (ZDNet, 29 July 2016).

This was prompted the release of the Productivity Commission's draft report on the regulation of agriculture last Thursday, which suggested the effects test would do nothing to shield farmers from competition in the retail grocery market and that, even if it did, this would not be in the interest of consumers.

This generated a quick response from Treasurer Scott Morrison, reinforcing the Government's commitment to implementing the Harper Panel's proposed effects test.

In response to big business criticism of the test and suggestions that it was in any way 'protectionist', ACCC Chairman, Rod Sims, came out swinging, labelling any such suggestions 'bullshit'. Opposition Competition Spokesman, Andrew Leigh, was quick to respond, suggesting that Sims' critique of the critique was simply 'wrong' and would represent the end of the world (ok, he didn't go that far, but he did label it 'wrong', pointed to previous reviews rejecting an effects test and suggested it would somehow lead to higher grocery bills for regional consumers).

In response to to the response to the response, the Review's Chair, Prof Ian Harper, rejected Leigh's criticism of the reform and claimed those suggesting that the test was protectionist in any way were turning 'reality on its head' and 'almost' wilfully misinterpreting the proposal: see Michael Roddan, 'Ian Harper slams 'effects test' reform critics for distortion' (The Australian, 26 July 2016).

Abuse of power legislation and reform is controversial everywhere, but it's leading to some positively bizarre claims and commentary in Australia at the moment; let's just hope that Government introduces exposure draft legislation on so that we can move ...

See ACCC authorisation register, including the 121 page authorisation application which states, in part:

[para 2] The applicants seek authorisation on behalf of themselves and potentially other credit and debit card issuers to engage in limited collective negotiation with providers of third-party mobile wallet services on conditions relating to competition, best practice standards, and efficiency and transparency. The applicants also seek authorisation to enter into a limited form of collective boycott in relation to a third-party mobile wallet provider while collective negotiations with that provider are ongoing.

See also, for example, James Eyers, 'Australian banks take on Apple over digital wallets' (AFR, 27 July 2016), Clancy Yeates, 'Banks team up in Apple Pay talks' (SMH, 27 July 2016), Richard Chirgwin, 'Australian Banks ask permission to form anti-Apple cartel' (The Register, 27 July 2016) ('You can't make it up'), James Eyers, 'Apple Pay deal could deliver accounts to ANZ Bank' (AFR, 28 April 2016), Stuart Condie, 'ANZ 'pulled fast one' on Apple Pay' (news.com.au, 27 July 2016).

Listen to radio interview on RN Breakfast at: 'ACCC's Rod Sims changes his tune on privatisation' (27 July 2016).

See also Stephen Letts, 'ACCC boss says privatisation costing consumers and damaging economic reform' (ABC, 26 July 2016), Ben Potter, 'ACCC's Rod Sims 'exasperated' as privatisations 'increase prices' (AFR, 26 July 2016), Patrick Hatch, 'Privatisation has damaged the economy, says ACCC chief' (SMH, 27 July 2016), Ben Potter, 'Why ACCC boss Rod Sims lost it with privatisation' (AFR, 27 July 2016), Eloise Keating, 'Privatisation is lifting prices and hurting the economy: ACCC chief Rod Sims' (Smart Company, 27 July 2016) and Gareth Hutchens, 'ACCC's Rod Sims says privatisations 'severely damaging' economy' (The Guardian, 27 July 2016).

This hearing will follow the delivery of the much awaited judgment in Paciocco and ANZ (at 10am) on the issue of whether late bank fees constitute penalties and/or are unconscionable.

See Michael Roddan, 'ACCC slams big business for effects test distortion' (The Australian, 25 July 2016) and Jared Owens, 'Andrew Leigh criticises Rod Sims over ‘effects test’ claims' (The Australian, 25 July 2016).

See ACCC press release. See also useful summary from HSM: Peter Strickland and Tessa Spense, 'Mixed result for ACCC in high voltage cable cartel case' (Herbert Smith Freehills, 25 July 2016).

See my case page for further details and for links to the judgments.

The ACCC also announced this morning that it would not oppose Metcash's bid to acquire Home Timber & Hardware after accepting enforceable undertakings from Metcash's. See ACCC media release on Metcash. See Metcash/HTH merger register page. See ACCC's Q&A page on Metcash/HTH.

For commentary on the Asciano deal see, for example, James Thomson, 'ACCC approves Asciano takeover' (AFR, 21 July 2016) and David Palmer, 'ACCC green lights Qube and Brookfield's takeover of Asciano' (The Australian, 21 July 2016).

For commentary on the Metcash approval see, for example, Sarah Thompson, Anthony Macdonald and Joyce Moulakis, 'Metcash secures ACCC approval for Home Timber and Hardware Group' (AFR, 21 July 2016) and David Palmer, 'ACCC clears path for Metcash's hardware extension' (The Australian, 21 July 2016).

'Competition is a key driver of innovation, productivity and competitiveness in agriculture. However, there are longstanding concerns about small farm businesses being subject to anticompetitive behaviour from dominant market players in the supply chain....' (p 28)

'The existing competition regulation and oversight is adequate for managing concerns about abuse of market power by supermarkets and traders engaging with farm businesses. The current focus on the potential for the misuse of market power by wholesale merchants and supermarkets engaging with farmers is not well supported by evidence.' (p 29)

'Suggestions to amend section 45 of the Competition and Consumer Act 2010 (Cwlth) are unlikely to increase the adoption of collective bargaining because they do not address significant economic disincentives and a cultural aversion in the agricultural sector to participating in cooperatives. Introducing an ‘effects’ test to section 46 of the Act is also unlikely to shield farm businesses from intense competition in retail food markets.' (p 29)

Notwithstanding these draft conclusions, Nationals Senator Fiona Nash has reinforced the Nationals' commitment to the introduction of (amongst other things) an effects test: see 'The bold new face of the National Party', RN Breakfast, 21 July 2016 and Jared Owens, 'Fiona Nash rejects Productivity Commission on foreign investment, regulations' (The Australian, 21 July 2016).

See report page. See also, Michelle Grattan, 'Productivity Commission attacks competition ‘effects test’ and farm foreign investment rules' (The Conversation, 21 July 2016), Phillip Coorey, 'Productivity Commission takes aim at rural protectionism' (AFR, 20 July 2016), Jacob Greber, 'Productivity Commission joins fight against 'effects test'' (AFR, 21 July 2016) and David Uren, 'No logic to red tape hobbling farms: Productivity Commission' (The Australian, 21 July 2016).

See also John Durie, 'Treasury Wine Estates: glass half full despite election chaos' (The Australian, 5 July 2016) (under heading 'Watchdog's bad record', mid-way down the page).

'subject to conditions imposing a cap on future prices and requiring Sea Swift to continue to operate scheduled services to remote communities for up to 5 years, and providing for access by other marine freight firms to the roll-on roll-off ramp at Gove (Nhulunbuy)' (ACCC media release)

The proposed acquisition was previously opposed by the ACCC and the ACCC has expressed disappointment in the Tribunal's decision. The Tribunal's reasons are yet to be released.

See ACCC media release. See also Australian Competition Tribunal authorisation page.

See also John Durie, 'ACCC loses Toll freight merger decision' (The Australian, 1 July 2016).

"Former proposed decision date of 30 June 2016 delayed to allow the ACCC to consider an undertaking submitted by Metcash and whether the undertaking is suitable to proceed to consultation. The ACCC will announce a new decision date in due course ..."

See also John Durie, 'ACCC defers decision on Metcash’s purchase of Home Timber & Hardware' (The Australian, 30 June 2016).

The undertakings arose from the ACCC's investigation of Primary's acquisition of Healthscope's pathology assets in Qld in 2015, which occurred without the parties notifing the ACCC.

View media release. View merger register (including the s 87B undertakings from both Healthscope and Primary Healthcare).

• increase civil penalties under the Australian Consumer Law from $1.1m to $10m;
  
• adopt the EU's penalty system for anti-competitive conduct ('based on 30 per cent of the annual sales of the relevant product or service, multiplied by the number of years the infringement took place, limited to the greater of 10 per cent of annual turnover, or $10 million')
• use some revenue from increased penalties to increase the ACCC's litigation budget 
  
• amend the CCA to give the ACCC a market studies function 'so that it can explore public interest issues such as pricing discrepancies and increased market competition')

View Media Release. See also 'Reforming Competition Policy for Fairer Markets Fact Sheet' and Patrick Durkin, 'Election 2016: Labor to beef-up ACCC' (AFR, 15 June 2016).

All other parties have admitted involvement: Woolworths admitted its involvement recently and was fined $9m earlier this month (see ACCC media release re Woolworths). Earlier Colgate made admissions and, on 28 April 2016, was ordered to pay penalties totalling $18m plus a contribution toward the ACCC's costs (see media release re: Colgate and reasons for judgment). Unilever was the first to admit its involvement and was granted immunity.

See also Misa Han, 'Woolworths-led cartel meant less consumer choice, court hears' (AFR, 8 June 2016).

The penalty judgment is not currently available for viewing online: see ACCC v Cement Australia Pty Ltd [2016] FCA 536 para 14 ('The Court orders that market sensitive data contained in the reasons for judgment published by the Court to the parties only on 29 April 2016 bearing the Medium Neutral Citation Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 453 be removed from the reasons for judgment until further order.')

See also John Durie, 'ACCC appeals Cement Australia ruling' (The Australian, 6 June 2016).

See ACCC media release. See also John Durie, 'Woolworths admits cartel behaviour' (The Australian, 3 June 2016).

See also Tribunal documents relating to Glencore's application and original NCC application and the NCC's Final Recommendation (2 Nov 2015) and Minister's decision and statement of reasons (8 January 2016).

• the post merger level of vertical integration will be significantly greater than that currently existing
• 'that Patrick container terminals may provide preferential access to Qube and ACFS vehicles, and Qube regional export trains running into Port Botany, and raise rivals’ costs'
• possible foreclosure of rival stevedores. 'Market participants have suggested that if Patrick gives favourable treatment to the container logistics operations of both Qube and ACFS, then Qube and ACFS may provide a superior service offering to importers and exporters on condition that they use shipping lines calling at Patrick container terminals. This may lessen competition in stevedoring.'

The ACCC also notes that it is 'considering whether stevedoring and empty container park services will be bundled together, in a way that forecloses rival stevedores'.

The closing date for submissions on the SoI is 10 June with a final decision due to be announced by 21 July. See merger register for more details.

• New part-time President: Justice Middleton
  The Hon Justice John Middleton will become the new part-time President for five years, following the retirement of Justice Mansfield in July
• New part-time Deputy Presidents
  The Hon Justices Andrew Greenwood, David Yates and Alan Robertson will serve as part-time Deputy Presidents, each for a period of five years.
• Part-time member re-appointments
  Prof Keven Davis and Dr Darryn Abraham were re-appointed as part-time members (5 years)

See Treasury media release.

• View consultation home page

The consultation paper is the Government's ' response to the Senate Economics References Committee Inquiry into matters relating to credit card interest rates.'

• View Senate Economics References Committee Inquiry page

Interested parties may make a submission by 17 June 2016.

• Budget speech
• Budget papers
• Treasury Portfolio budget statement: ACCC (PDF)

The budget papers include reference to the Harper Review; under Jobs and Growth the Government notes it is 'advancing the recommendations of the Harper Competition Policy Review and (in bold print no less) notes that the government is 'strengthening Australian's competition law to prevent big businesses from misusing their market power or seeking to dominate markets.' (see full PDF segment)

For media, see for example Alan Mitchell, 'Budget 2016: More like pre-election pussy footing than an economic plan' (AFR, 3 May 2016), Tim Leslie, Paul Donoughue and Simon Elvery, 'Budget 2016: Winner and losers' (ABC, 3 May 2016).

See merger register.

See also Aoife White, 'Halliburton-Baker Hughes Deal Collapses Amid Global Opposition' (Bloombert, 2 May 2016), Amie Tsang, 'Morning Agenda: Halliburton and Baker Hughes Call Off Merger' (New York Times, 2 May 2016) and 'Oilfiled services provider Halliburton terminates $28b merger with Baker Hughes' (EBR, 2 May 2016)

See Peter Martin, 'ASIC, ACCC and Tax Office budgets slashed in Coalition's first three years' (SMH, 1 May 2016)

Most notable is John Durie, 'Politics triumphs over principles in Kidman decision' (The Australian, 30 April 2016) (various issues discussed - scroll down), who labels the fine imposed by Justice Greenwood a 'slap on the wrist' (particularly in light of the fact that the ACCC had sought $97m in penalties) and who considers (with some justification) the delay in handing down the decision a 'disgrace'. He further noted that the reasons for decision (still unavailable until confidentiality issues are resolved) run to 250 pages (admittedly less than the 940 odd pages of the primary judgment). See also Mark Ludlow, 'ACCC delivers $40m in penalties in three days' (AFR, 29 April 2016).

Mr Lendich was ordered to pay $120,000 in respect of the declaration, as well as engage in a training session about the cartel laws. He was also ordered to pay ACCC costs in the amount of $10,000 as well as a contribution to costs of the other respondents. These orders follow admissions made by Mr Lendich.

This decision follows dismissal of the ACCC's proceedings against the other respondents to the proceeding, including the Australian Egg Corporation Ltd, on 10 February, against which the ACCC has appealed.

The Draft Report also considers pharmaceutical pay for delay schemes (ch 9). It recommends, in part, that the Government should 'introduce a transparent reporting and monitoring system to detect any pay-for-delay settlements between originator and generic pharmaceutical companies' and that this should be administered by the ACCC (draft rec 9.4).

There is plenty more in the report of interest. Submissions on the draft report can be made until 3 June. A final report is expected in August. View Public Inquiry home page.

See, for example, Bruce Baer Arnold, 'Productivity Commission’s recommendations on IP reform likely to be lost in election haze' (The Conversation, 29 April 2016)

See, for example, Caron Beaton-Wells, 'The government goes the full Harper on competition – now for sanctions' (The Conversation, 17 March 2016), Amy Bainbridge, '"Effects test" change hailed as a win for consumers' (ABC, 17 March 2016) and David Crowe, 'Turnbull's backflip on competition policy riles big business' (The Australian, 17 March 2016). For more media and commentary see my Harper media page.

"... Last night, the Cabinet has agreed that we will move to amend s.46 in line with the recommendations of the Harper review."

"What this will do is ensure that our competition law works better to enable competition, to enable smaller businesses, emerging businesses, to be better able to compete. We know that while larger firms are often very innovative and very often very competitive, they are more innovative if the hot breath of competition is coming down their neck."

"It is subtly different from the existing one because it seeks to protect competition. When you protect the competitive process, when you protect competition, you are not protecting one firm or another, you're protecting consumers overall."

See Gareth Hutchens, 'Turnbull government sides with small business, agrees to implement controversial 'effects test' (SMH, 16 March 2016); Lenore Taylor and Gabrielle Chan, 'Competition law: Malcolm Turnbull abandons opposition to proposed changes' (The Guardian, 16 March 2016) and 'Live: Coalition heads into partyroom meeting as battle over 'effects test' draws to close' (ABC, 16 March 2016).

The Business Council of Australia has endorsed Labor's policy as superior to the introduction of an effects test: see Joe Kelly, 'BCA backs Labor’s leg-up for small business' (The Australian, 15 March 2016). Conversely, the National Farmers Federation has argued that Labor's proposal should complement - not replace - the proposed effects test: Anna Vidot, 'Labor proposal should complement effects test, not replace it: NFF CEO' (ABC Rural, 16 March 2016).

See further Clayton Utz, 'Negotiating agreed penalties with regulators is OK, says High Court' (9 December 2015).

This case relates to the ability (or otherwise) for parties to agree with the ACCC on penalties to be put before the Court; the Full Federal Court held that the High Court's decision in Barbaro (relating to criminal sentencing) should also apply to civil pecuniary penalties and that as a result a Court should have no regard to 'agreed penalties' proposed by the parties. Full case details (including the transcript and/or a five hour video of the appeal) can be viewed on the High Court's website.

In relation to the TPP, the ACCC notes that the IP chapter of the TPP 'is complex' and questions remain regarding its impact. The ACCC expresses concern (amongst other things) that 'the agreement appears to impose IP restrictions beyond existing international treaties, and this may tilt the balance in favour of IP rights holders to the detriment of competition and consumers.' (p 28). See ACCC submissions page.

See also, eg, Rohan Pearce, 'ACCC concerned over Trans-Pacific Partnership IP provisions' (Computerworld, 30 November 2015) and Gareth Hutchens, 'ACCC airs concerns over intellectual property provisions in Trans-Pacific Partnership' (SMH, 1 December 2015)

2 December 2015 - Yazaki decision published

The Federal Court's decision in ACCC v Yazaki has been published (Australian Competition and Consumer Commission v Yazaki Corporation (No 2) [2015] FCA 1304). See also ACCC, 'Federal court finds Yazaki corporation engaged in collusive conduct' (26 November 2015).

View my quick colour coded overview of the Government's response to each recommendation.

The Government has accepted most recommendations, but has deferred discussion on the misuse of market power proposal. More specifically, the Government has supported, in whole or part, 44 of the 56 recommendations. Whether it accepts the remaining 12 will depend upon the outcome of further review and consultation. A press release accompanied the response - see 'Turnbull Government to promote more choice, better services, stronger growth' (Media Release, 24 November 2015). The ACCC has welcomed the Government's response - see ACCC, 'ACCC welcomes the Government's response to the Harper Review' (Media Release, 24 November 2015)'

Plenty of media. See, for example, Gareth Hutchens, 'Turnbull government responds to Harper review into competition laws, accepts majority of recommendations' (SMH, 24 November 2015), Anna Vidot, 'Federal Government again delays decision on 'effects test' in response to Harper Review' (ABC Rural, 24 November 2015), Jennifer Hewett, 'Competition law – Harper proposal for effects test has caused real concern' (AFR, 23 November 2015).

A couple of standouts - video interview with John Durie discussing the outcomes (John Durie and Eric George, 'ACCC setbacks could set a significant precedent' (Business Spectator, 31 July 2015)) and an item this morning from Jamie Freed (Jamie Freed, 'ACCC loss in Flight Centre, ANZ case clarifies price-fixing rules' (SMH, 3 August 2015) (also published in AFR here)).

Also some firm commentary available; see, for example, commentary from Gilbert+Tobin and King & Wood Mallesons.

• various councils in Victoria to have the Metropolitan Waste and Resource Recovery Group act on their behalf to jointly procure services relating to receiving and processing recyclable waste (see press release and authorisation register); and
• various councils in New South Wales to jointly procure organic waste collection and processing services (see press release and authorisation register)

• Edgar Lazeanu, Repealing the parallel importation restrictions for books: The case for an ‘Author Offset’
• Susy Frankel, Chris Nixon, Megan Richardson and John Yeabsley, 'Parallel importing — The New Zealand experience with book publishing'
• Arlen Duke and Matthew E Taylor, 'Parallel import restrictions: Core intellectual property rights or unjustified restraints on trade?'

It features a further two articles on statutory undertakings and financial advice reforms:

• Justice Alan Robertson, 'Statutory undertakings: Their history, use and utility and the perspective of the court'
• Gill North, 'The future of financial advice reforms: Will they achieve their long term objectives?'

17 April 2015 - Michael O'Bryan QC on the Harper Report

Harper Review panelist, Michael O'Bryan QC, discusses the Harper recommendations in today's Financial Review: see Katie Walsh, 'Courts, business up to the challenge: Harper panellist & silk' (AFR, 17 April 2015)

• Peta Stevenson and Lisa Huett, discuss the Harper Review's key enforcement recommendations: Matt Sherman, 'Powers and Penalties - The Harper Review's Key Enforcement Recommendations' (KWM, In Competition, 16 April 2015)
• Sharon Henrick and Caroline Coops discuss the Harper Committee's recommendations in relation to merger control: Martine Phillips, 'Clearing the way for Improvements to Australia's Merger Control Processes' (KWM, In Competition, 16 April 2015)
• Andrew Monotti and Wayne Leach discuss privatisation: Susan Zhuang, 'Privatisation: A hot topic of public conversation' (KWM, In Competition, 13 April 2015)

Plenty of media on the issue as well. See, for example, Stephen Bartholemuesz, 'Why the ACCC was so quick to leap on Twiggy' (Business Spectator, 25 March 2015), Matthew Stevens, Phillip Coorey and Tess Ingram, '' (AFR, 26 March 2015) and Matthew Stevens, 'Fortescue's Andrew Forrest says Rio Tinto, BHP Billiton face iron ore 'prisoner's dilemma' (AFR, 26 March 2015) and Matt Chambers and David Crowe, 'ACCC concerned about Andrew Forrest’s call for an iron ore cartel' (The Australian, 26 March 2015)

The reasons for judgment are expected to be made public tomorrow. View ACCC press release. See also Peta Stevenson, 'ACCC Pfails in section 46 prosecution - in brief' (King & Wood Mallesons, In Competition blog, 25 February 2015) and Simon Thomsen, 'ACCC loses misuse of market power case against Pfizer over cholesterol lowering drug' (Business Insider Australia, 25 February 2015).

• competition and consumer issues in the health and medical sectors
• cartel conduct impacting on government procurement
• ensuring compliance with new or amended industry codes of conduct, including the Franchising Code and the proposed Food and Grocery Code
• competition and consumer issues in highly concentrated sectors, including issues identified through the ACCC’s monitoring of the fuel industry

The policy notes that 'some forms of conduct that are so detrimental to consumer welfare and the competitive process that the ACCC will always regard them as a priority' including 'cartel conduct, anti-competitive agreements and practices, and the misuse of market power.' Matters falling outside these priority areas will also be given priority where they demonstrate particular factors - these factors include:

• conduct of significant public interest or concern
• conduct resulting in a substantial consumer (including small business) detriment
• conduct demonstrating a blatant disregard for the law
• conduct involving issues of national or international significance
• conduct involving essential goods and services
• conduct in concentrated markets which impacts on small business consumers or suppliers
• conduct involving a significant new or emerging market issue
• where ACCC action is likely to have a worthwhile educative or deterrent effect, and/or
• where the person, business or industry has a history of previous contraventions of competition, consumer protection or fair trading laws.

See related speech and media release or download print version of the policy.

• Department of Communications (acknowledges draft reports's recognition of new technologies and applications 'digitally disrupting' the way markets operate, but suggests final report 'would benefit from a stronger focus on the impact of digital disruption and new technologies in offering the potential to identify new competitive opportunities for industries across the economy, and opening up many existing markets to greater competition'. The Department's 10-page submission goes on to make 'observations in relation to digital disruption and enablement' in relation to several of the draft recommendations - includes reference to Vertigan panel recommendations).
• Prof H Ergas and Prof J Pincus (addresses recommendations relating to pharmacy recommendations)
• Northern Territory Government (runs through each of the draft policy recommendations (most supported in principle - some with reservations), supports measures to 'streamline and simplify' competition laws but 'reserves its position on the application of competition law to government activities' until it can fully assess implications on the Territory, runs through institutions and governance recommendations (establishment of ACCP and its proposed roles is supported in principle; recommends ACCP have mandatory information-gathering powers for purpose of undertaking market studies; generally supports other recommendations on institution and governance, but requires more information before view can be formed 'as to whether access and pricing functions should be undertaken by a single regulator'), discusses retail markets recommendations (supports removal of restrictions on retail trading hours and removal of pharmacy ownership and location rules).
]]> Wed, 11 Feb 2015 13:08:37 +1100 http://www.australiancompetitionlaw.org/news.html Johnson Winter & Slattery's Sar Katdare has published a piece on the ACCC's recent authorisation of RPM conduct by Tooltechnic Systems - it provides a useful overview of the relevant issues and decision in the Tooltechnic case. See Sar Katdare, 'Landmark decision by ACCC to authorise resale price maintenance on public benefit grounds - will this open the floodgates?' (Johnson Winter & Slattery, February 2015)
]]> Mon, 09 Feb 2015 13:07:49 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC told a Senate Inquiry yesterday that it disagrees with moves by Agriculture Minister, Barnaby Joyce, to allow competition law exemptions at grain ports. See Sarina Locke, 'Australian Competition and Consumer Commission concerned over grain transport monopoly in Western Australia' (ABC Rural, 6 February 2015). Transcript not yet available.
]]> Fri, 06 Feb 2015 13:47:04 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC commenced an informal review of the proposed Federation/Novion merger on Wednesday. Submissions from interested parties are due on 25 February. See ACCC Merger Register. See also John Durie, 'ACCC steps in over Federation, Novion deal' (The Australian, 6 February 2015) and Michael Roddan, 'Federation Centres, Novion in $11 billion merger plan' (Business Spectator, 3 February 2015)
]]> Fri, 06 Feb 2015 13:46:48 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC will not oppose JBS USA Holdings Inc’s proposed acquisition of Australian Consolidated Food Holdings Pty Limited (Primo). See press release. See merger register.
]]> Wed, 04 Feb 2015 13:46:35 +1100 http://www.australiancompetitionlaw.org/news.html The Australian reports that the ACCC will probe allegations of price-fixing involving Australia's biggest chicken supplier, Baiada. See Ben Butler, 'ACCC to probe alleged price-fixing involving biggest chicken supplier' (The Australian, 2 February 2014). See also Stephen Drill, 'Chicken giant Baiada reported for alleged price fixing' (Herald Sun, 1 February 2015)
]]> Mon, 02 Feb 2015 13:46:14 +1100 http://www.australiancompetitionlaw.org/news.html Alexandra Merrett has another great piece in The Conversation today about Coles and Woolworths - reviewing the conduct and legal investigations in 2014 and making some predictions about 2014. View article.
]]> Mon, 02 Feb 2015 13:45:39 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has granted authorisation to Etihad and Alitalia in relation to a co-operation agreement relating to the supply of international air transport services. See media release. See authorisation register.
]]> Fri, 30 Jan 2015 13:45:17 +1100 http://www.australiancompetitionlaw.org/news.html The Government has finalised two regulatory instruments supporting the variation of Telstra's migration plan. They can be found here. This allows Telstra to lodge its revised Migration Plan with the ACCC. See ACCC 'Telstra's migration plan' website. See also Richard Chirgwin, 'Government's rushed NBN migration plan off to the ACCC: Consultation? We've heard of it' (27 January 2015)), Josh Taylor, 'Turnbull ticks Telstra-NBN HFC migration plan' (ZDNet, 27 January 2015) and Baker & McKenzie, 'Telecommunications Regulatory Update - December 2014'.
]]> Tue, 27 Jan 2015 13:17:13 +1100 http://www.australiancompetitionlaw.org/news.html Some more Harper Review submissions have been published on the Review website. These include submissions from the Queensland and Tasmanian Governments and the Office of the Australian Small Business Commissioner. See also my submissions page (summaries still in progress).
]]> Fri, 23 Jan 2015 13:16:52 +1100 http://www.australiancompetitionlaw.org/news.html John Durie has a pice in the Austrlaian today about the ACCC's review of the Macquarie, Fairfax merger. See John Durie, 'ACCC to review Macquarie, Fairfax radio merger' (The Australian, 16 January 2015). See ACCC merger register.
]]> Fri, 16 Jan 2015 13:16:37 +1100 http://www.australiancompetitionlaw.org/news.html King & Wood Mallesons' Blog, In Competition, has kicked of the year with a post by Annabel Deans which analyses 'recent trends to assess any similarities in enforcement priorities between regulators in the UK and Australia.' See Annabel Deans and Taylor MacDonald, '2015 Hot Hits for the ACCC and CMA' (In Competition, 16 January 2015)
]]> Fri, 16 Jan 2015 13:16:23 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC will produce at least eight petrol price reports in 2015 following a direction by Minister Bruce Billson. These will include quarterly macro reports and at least four market studies reports. See ACCC, 'ACCC's new petrol price reports' (ACCC media release, 15 January 2015). See also Lisa Visentin, 'Allegations of petrol price gouging in rural areas prompts ACCC scrutiny' (SMH, 15 January 2015)
]]> Thu, 15 Jan 2015 13:16:07 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC will review Woodside's multi-billion dollar deal to buy Apache Corporation's interests in the Wheatstone, Balnaves and Kitimat projects. The ACCC commenced its review on 24 December. Market inquiry letters were sent on 12 January with submissions due 2 Feb 2015. The provisional date for an ACCC announcement is 5 March 2015. See merger register. See also Angela Macdonald-Smith, 'Woodside deal under ACCC scrutiny' (SMH Business Day, 14 January 2015)
]]> Wed, 14 Jan 2015 13:15:52 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has released their public competition assessment relating to Expedia's acquisition of Wotif. The 16 page assessment can be viewed here.
]]> Tue, 13 Jan 2015 13:15:30 +1100 http://www.australiancompetitionlaw.org/news.html The Federal Court has found Coles engaged in unconscionable conduct and ordered Coles to pay $10 million penalties. See ACCC press release.
]]> Mon, 22 Dec 2014 13:15:13 +1100 http://www.australiancompetitionlaw.org/news.html The latest The State of Competitionis out now - the focus is SLC: "... rather than our usual 'year in review', this year we’re finishing up with a reflective piece on just what the substantial lessening of competition test involves. As the slogan says, it’s time for less opinion, more expertise." As always, a must read - especially if you want to find out why John Glenn was 'contemplating competition law while in space'.
]]> Sun, 21 Dec 2014 13:14:53 +1100 http://www.australiancompetitionlaw.org/news.html The fourth batch of Harper Review submissions on the draft report have been published on the Competition Policy Review website.
]]> Fri, 19 Dec 2014 13:14:38 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will appeal the Air Cargo cartel decision; the case failed at first instance because the Court found there was no relevant 'markt in Australia'. See press release. For the judgment see: Australian Competition and Consumer Commission v Air New Zealand Limited [2014] FCA 1157. See also 'ACCC appeals court’s dismissal of cartel case against Air NZ, Garuda; (Business Spectator, 17 December 2014) and my note on this case.
]]> Wed, 17 Dec 2014 13:14:16 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC and Coles have made joint submissions to the Federal Court seeking consent orders from the Court. See ACCC press release. See also Sue Mitchell and Madeleine Heffernan, 'Coles to refund suppliers as it settles cases with ACCC ' (The Age, 15 December 2014)
]]> Mon, 15 Dec 2014 13:13:54 +1100 http://www.australiancompetitionlaw.org/news.html The third batch of submissions on the Harper Competition Review Draft Report have now been published on the Review website.
]]> Fri, 05 Dec 2014 13:13:35 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has granted conditional authorisation for Tooltechnic Systems (Aust) Pty Ltd to set minimum retail prices on Festool power tools until 31 December 2018. View press release. View authorisation register.
]]> Fri, 05 Dec 2014 13:13:19 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against electrical cable suppliers alleging cartel and exclusionary conduct in the supply and acquisition of electrical cable. See ACCC press release.
]]> Thu, 04 Dec 2014 13:12:59 +1100 http://www.australiancompetitionlaw.org/news.html Some more items of interest in the last couple of days: John Durie, 'Brickbats for Brickworks' (The Australian, 27 November 2014) (scroll down to 'Harper’s way' section), 'Farmers Back Government Draft Report' (The Cattle Site, 24 November 2014), Julie Edwards, 'Harper Review's new world of public service for profit' (Eureka Street, 27 November 2014)
]]> Fri, 28 Nov 2014 13:12:18 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC proposes to grant a ten year authorisation for the WATAB Agents' Association Incorporated to collectively negotiate terms and conditions of service behalf of members with Racing and Wagering Western Australia and to participate in dispute resolution processes between RWWA and agents. See ACCC proposes to authorise W.A.T.A.B Agents’ to engage in collective bargaining & dispute resolution (ACCC Update, 29 November 2014) . See authorisation register.
]]> Wed, 26 Nov 2014 13:11:57 +1100 http://www.australiancompetitionlaw.org/news.html There has been a bit of media on some of the Harper Review submissions recently. See, for example, Andrew White, 'Industry super slaps big bank bundling ' (The Australian, 25 November 2014) and , 'ADF calls for mandatory code' (The Australian Dairy Farmer, 26 November 2014), 'Minter Ellison announces general support of Harper Review draft report' (The Lawyer, 21 November 2014)
]]> Wed, 26 Nov 2014 13:11:31 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC's submission on the draft report is now available here (it is not yet available on the Review website). See also the accompanying press release. For commentary see, for example, Michael Roddan, 'Harper review would weaken cartel laws: ACCC' (Business Spectator, 26 November 2014) and Georgia Wilkins, 'ACCC warns on cartel law changes' (The Age, 27 November 2014) '
]]> Wed, 26 Nov 2014 13:11:12 +1100 http://www.australiancompetitionlaw.org/news.html Australian craft brewers have asked the WTO to take action against countries that subsidise microbreweries. The ACCC is also said to be investigating is investigating tying practices which lock craft beers out of Australian hotels. See Steve Cannane and Sashka Koloff, 'Craft beer brewers take on domestic heavyweights in ACCC and WTO fair trade investigation' (ABC, 25 November 2014)
]]> Tue, 25 Nov 2014 13:10:41 +1100 http://www.australiancompetitionlaw.org/news.html The next batch of Harper Review submissions have been released and can be viewed here.
]]> Mon, 24 Nov 2014 13:10:17 +1100 http://www.australiancompetitionlaw.org/news.html No new submissions to the Harper Review have been published since the deadline for submissions passed on Monday - a few have trickled out online though. See, for example, ANRA submission, ACCI submission, Australian Copyright Council, CHOICE, Pharmacy Guild of Australia submission (a mere 123 pages) and Victorian Local Governance Association.
]]> Fri, 21 Nov 2014 13:09:57 +1100 http://www.australiancompetitionlaw.org/news.html The Full Federal Court has upheld the validity of examination notices issued to Paul and Moses Obeid. See ACCC press release. See also Kat McClymont, 'Eddie Obeid's sons set to be grilled by ACCC' (SMH, 20 November 2014)
]]> Thu, 20 Nov 2014 13:09:24 +1100 http://www.australiancompetitionlaw.org/news.html Woolworths chief executive Grant O'Brien has again warned against introducing an effects test for the misuse of market power prohibition, claiming it would create uncertainty which would chill investment. See Sue Mitchell, 'Woolworths boss Grant O'Brien warns effects test will prove negative for economy' (The Age, 19 November 2014). See also Katie Walsh, 'Big retailers warn of chill to competition' (Farm Weekly, 20 November 2014). See also ANRA submission to Harper Review (not yet published on the Harper Review website)
]]> Thu, 20 Nov 2014 13:08:31 +1100 http://www.australiancompetitionlaw.org/news.html It comes as no surprise that the Pharmacy Guild of Australia has criticised the Harper Panel's proposal to remove restrictive pharmacy location and ownership rule. Draft recommendation 52 states, in part, 'that the Panel 'considers that the pharmacy ownership and location rules should be removed in the long term interests of consumers.' See Christie Moffatt, 'Guild analysis finds deregulation call ‘deeply flawed’' (Pharmacy News, 19 November 2014)
]]> Thu, 20 Nov 2014 13:08:11 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC will not oppose Wesfarmers’ proposed acquisition of Pacific Brands’ The Workwear Group. See ACCC press release. See merger register.
]]> Thu, 20 Nov 2014 13:07:44 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against the CFMEU alleging 'it engaged, or attempted to engage, in secondary boycott conduct directed at Boral Resources (Vic) Pty Ltd and Alsafe Premix Concrete Pty Ltd; contrary to the CCA.. See ACCC Media Release, 'ACCC takes court action against the CFMEU alleging secondary boycott and undue harassment or coercion' (20 November 2014) See also Michael Janda, 'ACCC launches court action against CFMEU for Boral secondary boycott' (ABC News, 20 November 2014)
]]> Thu, 20 Nov 2014 13:07:00 +1100 http://www.australiancompetitionlaw.org/news.html Submissions on the Harper Review's draft report are due today. Click here to make a submission.
]]> Mon, 17 Nov 2014 16:12:24 +1100 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, spoke today in Sydney about the NBN. See ACCC Press Release (NBN presents opportunities for future broadband competition) and the speech (Solving the multi-technology puzzle: The ACCC’s perspective). See also, David Ramli, 'NBN must be stripped of monopoly power, says ACCC chairman Rod Sims ' (SMH, 17 November 2014)
]]> Mon, 17 Nov 2014 16:12:09 +1100 http://www.australiancompetitionlaw.org/news.html The first batch of 128 non-confidential submissions on the Harper Review Draft Report were released yesterday. The vast majority are brief 'have your say' submissions and the majority of those oppose the imposition of road tolls (with most using near-identical wording and pointing to s 92 of the Constitution). The next most popular 'have your say' issue related to retail trading hours, with a significant number of these submissions opposing any extension to retail hours either because it would interfere with family time or because of concerns about the impact on smaller businesses.

There were also several submissions from IGA stores - most adopting very similar (in some cases identical) wording - these typically focus on misuse of market power, access to justice, zoning restrictions and a supermarket code of conduct. There are a handful of more substantial submissions so far - these have typically focussed on misuse of market power (eg, Prof Stephen Corones, Frontier Economics (Dr Philip Williams) and Dr George Raitt). I have provided brief overviews of most submissions here. See also the official Competition Policy Review website to view the submissions in full.

]]> Sat, 15 Nov 2014 11:35:18 +1100 http://www.australiancompetitionlaw.org/news.html The first batch of 128 non-confidential submissions on the draft Harper Report has now been released. They can be viewed in full here. Submissions may be made until 17 November 2014.
]]> Fri, 14 Nov 2014 11:35:02 +1100 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, speaking at the Australian Farm Institute Conference in Melbourne today, has discussed the implications of competition policy for Australian agriculture, including commenting on the 'national champions' argument (expressing the view that promotion of national champions 'takes us in the opposite direction to reform that makes markets work better'), the misuse of market power provision and collective bargaining issues. See speech.
]]> Thu, 13 Nov 2014 11:33:53 +1100 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims has addressed the RBB Economics Conference in Sydney backing competition reforms proposed by the Harper Review Panel - three points were highlighted: (1) need to make a choice about s 46 - clearly preferencing a change to an SLC approach; (2) need to extend the Act to cover more government activities; (3) need to debate and decide the issues around competition advocacy and market studies. View press release. View speech. See also John Durie, 'ACCC boss Rod Sims pushes for powers to scrutinise governments' (The Australian, 7 November 2014)
]]> Fri, 07 Nov 2014 11:31:30 +1100 http://www.australiancompetitionlaw.org/news.html Former ACCC Chairman, Graeme Samuel, spoke to the Telecommunications Society in Sydney yesterday, focusing on competition in relation to content. Samuel also criticised several reviews into the industry, including the Vertigan and Scales reviews. See David Ramli, 'Ex-ACCC chair says real telco battleground is content' (AFR, 5 November 2014), John Durie, 'Graeme Samuel warns on threat of content control to competition' (The Australian, 5 November 2014), David Ramli, 'Warnings issued over telco content threat' (SMH, 6 November 2014) and Graeme Philipson, 'Graeme Samuel unloads on Scales, defends Telstra and says content is king' (IT Wire, 6 November 2014)
]]> Thu, 06 Nov 2014 11:12:55 +1100 http://www.australiancompetitionlaw.org/news.html Submissions on the draft report are due by 17 November and the Secretariat has warned that this deadline (unlike that relating to the issues paper) is 'firm', noting that submissions received after this date may not be fully considered, particularly where they suggest significant deviation from the draft report. For more details see the Review's submission page.
]]> Wed, 05 Nov 2014 11:12:31 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has published its September 2014 quarterly report. View press release. View report.
]]> Wed, 05 Nov 2014 10:15:50 +1100 http://www.australiancompetitionlaw.org/news.html In a 350+ page judgment, the Federal Court has dismissed proceedings against Air New Zealand and Garuda concerning alleged price fixing in relation to air cargo services; Justice Perram concluded that the conduct alleged did not take place in a 'market in Australia'. See, for example, ACCC, 'Court dismisses air cargo cartel proceedings against Air New Zealand and Garuda Indonesia' (Press Release, 31 October 2014), Steve Creedy, 'Air New Zealand, Garuda beat ACCC cargo collusion case' (The Australian, 31 October 2014) and Michael Roddan, 'Court throws out ACCC's Air NZ case' (Business Spectator, 31 October 2014). For the judgment see: Australian Competition and Consumer Commission v Air New Zealand Limited [2014] FCA 1157
]]> Fri, 31 Oct 2014 11:12:11 +1100 http://www.australiancompetitionlaw.org/news.html The latest In Touch: Competition Law update has been released by Allens Linklaters. This issue features a number of news items, including the ACCC's annual report, the recent conditional RPM authorisation, the ACCC Statement of Issues on the proposed Dux acquisition by Rheem, the ACCC's SOI on the CSR/Boral proposed JV and the penalties in the forklift gas supply cartel.
]]> Thu, 30 Oct 2014 11:11:14 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has released its annual report for 2013-2014. See press release.
]]> Thu, 30 Oct 2014 09:27:28 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has 'issued a draft determination proposing to re-authorise policies which govern the selection and interviewing of applicants to study medicine at Australian graduate-entry medical schools'. See press release. See authorisation register.
]]> Wed, 29 Oct 2014 09:27:11 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC 'has issued a determination granting authorisation to Tabcorp, TAB and TAB ACT in relation to international pooling arrangements with overseas wagering operators and Premier Gateway International (PGI) (an intermediary hub) to allow for the transmission of bets by overseas punters into Tabcorp totalisator pools and the transmission of bets by Australian punters into overseas pools'. See press release.
]]> Wed, 29 Oct 2014 09:26:56 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has ' issued a draft determination proposing to grant authorisation to Racing and Wagering Western Australia in relation to current and future pooling arrangements with overseas wagering operators to allow for the transmission of bets by Western Australian punters into overseas pools.' See press release.
]]> Wed, 29 Oct 2014 09:26:40 +1100 http://www.australiancompetitionlaw.org/news.html Large retailers met with politicians and regulators in Canberra yesterday - a bit of media on this: Eli Greenblat, 'Retailers lay down deregulation gauntlet' (The Australian, 28 October 2014), Sue Mitchell and Matthew Knott, 'Australian National Retailers Association condemns Harper review's 'dangerous' competition law shake-up' (SMH, 27 October 2014) and Joanna Heath, 'Retailers slam Harper change 'drafted by lawyers'' (The Australian Financial Review, 27 October 2014 (paper version 28 October 2014, page 9))
]]> Tue, 28 Oct 2014 09:26:23 +1100 http://www.australiancompetitionlaw.org/news.html Large retail bosses will meet with politicians and regulators in Canberra today to discuss deregulation and competition issues - see Eli Greenblat, 'Retail giants take fight to regulators: closed-door talks with government' (The Australian, 27 October 2014)
]]> Mon, 27 Oct 2014 09:26:19 +1100 http://www.australiancompetitionlaw.org/news.html The AFR has an item on Dymocks' push for removal of parallel import bans - supported by recommendations in the draft Harper Report. See Sue Mitchell, Dymocks wants book shops on a parallel with Amazon' (The Australian Financial Review, 25 October 2014, page 36) (see SMH version online)
]]> Sat, 25 Oct 2014 09:25:48 +1100 http://www.australiancompetitionlaw.org/news.html John Durie has an item outlining some of the issues discussed at the Competition Policy Review International Conference held in Canberra over the last two days. See John Durie, 'Harper's health complaint' (24 October 2014)
]]> Fri, 24 Oct 2014 09:25:31 +1100 http://www.australiancompetitionlaw.org/news.html See Lydia Roberts, 'Breaking: Watchdog to probe city's fuel prices' (The Armidale Express, 24 October 2014)
]]> Fri, 24 Oct 2014 09:25:03 +1100 http://www.australiancompetitionlaw.org/news.html In a directions hearing this morning Justice Gordon has criticised the ACCC for lack of focus in its unconscionable conduct claims against Coles. Justice Gordon also questioned the need for Coles to use 17 junior lawyers to defend the case. See Eli Greenblat, 'Judge slams lack of focus in ACCC cases against Coles' (The Australian, 24 October 2014)
]]> Fri, 24 Oct 2014 11:42:28 +1100 http://www.australiancompetitionlaw.org/news.html The Federal Court has ordered (by consent) penalties of $8.3 million against Renegade Gas Pty Ltd, Speed-E-Gas (NSW) Pty Ltd and three current and former senior officers of the companies for engaging in cartel condut. See ACCC Press Release. Read judgment.
]]> Fri, 24 Oct 2014 11:42:10 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC approved Expedia's acquisition of Wotif on 2 October, but the deal now faces a NZ hurdle with the Commerce Commission issuing a letter of 'unresolved issues'. A decision is due on 5 November. See Clearances Register (does not include letter) and Wotif's ASX announcement. See also Jamie Freed, 'Expedia's Wotif takeover held up again' (The Australian Financial Review, 23 October 2014, page 24 (online version)).
]]> Fri, 24 Oct 2014 11:18:15 +1100 http://www.australiancompetitionlaw.org/news.html Small Business Minister, Bruce Billson, has spoken at the Competition Policy Review International Conference in Canberra today. John Durie has a piece in today's Australian noting that in that speech Billson stressed that it is the Harper Review, not the Agriculture Green Paper, that is the 'key tool in setting competition policy'. See Durie, 'Bruce Billson seeks to soothe supermarkets' concerns over agriculture green paper' (The Australian 23 October 2014).

See also, for example, Fluer Anderson, 'Producers in Power Push' (The Australian Financial Review, 20 October 2014, page 5), Fluer Anderson and Katie Walsh, 'Cold shoulder for carve-ups' (The Australian Financial Review, 22 October 2014, p 11), Editorial, 'Open economy is good for the farm' (Australian Financial Review, 21 October 2014, p 58), Lexi Metherell, 'Agriculture green paper to spark debate over water, competition' (ABC Radio, The World Today, 20 October 2014) and Joe Kelly, 'Green paper canvasses court orders to break up businesses' (Dynamic Business, 20 October 2014). For more detail see also my Agricultural Competitiveness White Paper page.

]]> Thu, 23 Oct 2014 12:35:43 +1100 http://www.australiancompetitionlaw.org/news.html The latest issue of the Competition and Consumer Law Journal is out now with a couple of competition items of interest: Rhonda L Smith, 'Market definition and substitution options' and George Raitt, 'Misuse of market power: Why policy objectives matter'. Piper Alderman has also released their latest Competition and Consumer Law News (October 2014) which includes items on section 155 Notices, Merger clearance proposals, the proposed (semi) effects test for s 46 and more.
]]> Thu, 23 Oct 2014 09:43:15 +1100 http://www.australiancompetitionlaw.org/news.html Malcolm Maiden had an item in today's SMH on Gough Whitlam's impact on competition law - see Malcolm Maiden, 'Gough Whitlam 'changed the way business is done' with lasting competition laws' (SMH, 21 October 2014)
]]> Tue, 21 Oct 2014 09:42:54 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing conditional authorisation to Tooltechnic to set minimum retail prices on Festool power tools for three years. The ACCC has accepted that there is market failure caused by free riding of some Festool retailers in this case sufficient to justify authorisation. This represents the first ever application for authorisation for RPM conduct under the Act. See press release. See authorisation register. Submissions are due by 7 November. It is notable that the Harper Review has proposed retaining the per se ban on RPM, but introducing a notification option.
]]> Tue, 21 Oct 2014 14:04:54 +1100 http://www.australiancompetitionlaw.org/news.html Prof Caron Beaton-Wells has an opinion piece in today's Conversation discussing the ACCC's recent actions against Coles. See Caron Beaton-Wells, 'Coles v ACCC: finding the balance between fair trading and competition' (The Conversation, 21 October 2014)
]]> Tue, 21 Oct 2014 12:37:36 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues outlining competition concerns relating to the proposed acquisition of the Dux hot water heater business by Rheem Australia. The ACCC has expressed concern that the proposed acquisition would substantially lessen competition 'in the supply of storage water heaters'. See press release. See merger register.
]]> Fri, 17 Oct 2014 14:04:37 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC 'has granted authorisation allowing a group of small business owner drivers to collectively bargain with Toll Transport Pty Ltd for the supply of air freight courier transport services at the Toll Priority Brisbane depot.' See press release. See authorisation register.
]]> Thu, 16 Oct 2014 14:04:21 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has today released a Statement of Issues outlining competition issues arising from the ACCC's review of the proposed CSR/Boral clay brick JV. ACCC Chairman, Rod Sims, stated that: "The proposed joint venture would result in a duopoly in eastern Australia. The ACCC’s preliminary view is that this would be likely to lead to an increase in the price of clay bricks as well as a reduction in the product range available to residential builders, architects, and end-consumers". Submissions on the SOI are due by 6 November with a final decision to be announced on 18 December. See press release. See merger register. See, for example, Tim Binsted, 'ACCC raises concerns about Boral-CSR brick JV' (SMH, 16 October 2014)
]]> Thu, 16 Oct 2014 14:04:00 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has issued a 'draft determination proposing to allow Australian Seafood Industries (ASI) to collect a levy, in conjunction with hatcheries, on the purchase of Pacific oyster spat.' See press release. See authorisation register.
]]> Wed, 15 Oct 2014 14:03:35 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has 're-authorised the certification, suspension and termination provisions of the Australian Payments Clearing Association’s (APCA) Consumer Electronic Clearing System (CECS) regulations.' See press release. See authorisation register.
]]> Wed, 15 Oct 2014 14:03:29 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC 'has accepted a court enforceable undertaking from Standard White Cabs Limited, trading as Townsville Taxis, relating to alleged breaches of the competition provisions'. Part of the undertaking requires Townsville Taxis to ensure 'affiliated drivers are free to lawfully use a third party booking application and/or a mobile telephone to receive taxi bookings from customers'. View media release.
]]> Wed, 15 Oct 2014 13:55:47 +1100 http://www.australiancompetitionlaw.org/news.html WA Premier, Colin Barnett, has told the state Parliament that he thought it 'strange' that Rio Tinto and BHP Billiton were "seemingly acting in a concert way". See AAP, 'Barnett says Rio, BHP likely colluders' (The Australian, 14 October 2014) Ian Verrender, 'Rio Tinto, BHP Billiton iron ore strategy crushes Colin Barnett' (ABC News, 14 October 2014). See also Hansard (Uncorrected Proof) pages 2-3
]]> Wed, 15 Oct 2014 14:11:29 +1100 http://www.australiancompetitionlaw.org/news.html There has been a bit in the media over the last couple of days about Telstra's call to the ACCC to raise prices for access to copper. See, for example, Supratim Adhikari, 'A "greedy" Telstra will test ACCC's resolve' (Business Spectator, 14 October 2014) and Chris Ducket, 'NBN causing inevitable copper cost increase for users: Telstra' (ZDNet, 13 October 2014). See further ACCC Fixed line services FAD inquiry 2013 - Consultation on primary prices (July 2014).
]]> Wed, 15 Oct 2014 13:55:30 +1100 http://www.australiancompetitionlaw.org/news.html Abertis CEO, Francisco Reynés has argued that Transurban's purchase of Qld Motorways in April gives it control of most of the east coast tollroads. See Jenny Wiggins, 'Abertis chief lashes ACCC for allowing $7b Queensland Motorways-Transurban deal' (SMH, 15 October 2014).
]]> Wed, 15 Oct 2014 13:55:16 +1100 http://www.australiancompetitionlaw.org/news.html Allens >< Linklaters latest In touch: Competition law update is now available, covering the Harper Review, ACCC immunity policy, NZ unfair contract terms draft guidelines, ACCC news, case news ACCC v Breast Check; Zen Telecom; Pirovic Enterprises; Safe Breast Imaging Pty Ltd (No 2) and ]]> Tue, 14 Oct 2014 13:54:57 +1100 http://www.australiancompetitionlaw.org/news.html In a speech to Energy Users' Association of Australia, ACCC Chairman, Rod Sims, has indicated the ACCC will focus on electricity generation assets when the privatisation of Qld electricity assets is triggered. See press release. See speech - Sims, 'Carbon, mergers and other issues' (13 October 2014) Annual Energy Users' Association of Australia Conference, Melbourne. See also Maggie Lu YueYan, 'Break up Queensland generators: ACCC' (Business Spectator, 13 October 2014) and Amy Remeikis, 'Tim Nicholls looks for silver lining in ACCC comments on electricity privatisation' (Brisbane Times, 14 October 2014)
]]> Mon, 13 Oct 2014 13:54:34 +1100 http://www.australiancompetitionlaw.org/news.html Today's Weekend Australian (Business p 29) has a brief item noting that former ACCC Chairman, Graeme Samuel has raised concerns about Harper Review draft proposals to add a Reserve Bank-style board to the ACCC. This followed concerns raised by current Chairman, Rod Sims, in his speech at the UniSA Competition and Consumer Law Workshop in Adelaide yesterday. See Annabel Hepworth, 'Samuel cool on ACCC 'board'' (The Weekend Australian, 11 October 2014, Business 29) (online for subscribers only).
]]> Sat, 11 Oct 2014 13:54:14 +1100 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, spoke at today's UniSA Competition and Consumer Law Workshop in Adelaide. In part, Sims indicated in was pleasing that the panel had 'given the core elements of Australia's merger laws a stamp of approval' and that its recommendation regarding concerted practices responded to longstanding ACCC concerns of a gap in the law. Sims also welcomed the Panel's recommendations on misuse of market power. Concerns were raised about separating regulatory functions between different bodies and the recommendation to replace the current Commission with a differently composed Board. See press release. See full speech. See also Michael Roddan, 'ACCC concerned over Harper competition review' (Business Spectator, 10 October 2014).
]]> Fri, 10 Oct 2014 13:53:54 +1100 http://www.australiancompetitionlaw.org/news.html SMH reports that Australasian Association of Convenience Stores chief executive, Jeff Rogot, has spoken about Coles and Woolworths growth strategies (in particular in relation to convenience stores) arguing that the ACCC must ensure convenience stores and small business aren't disadvantaged by such strategies. See Carolyn Cummins, 'Convenience stores call on ACCC to keep watch as supermarkets plan smaller shops' (SMH, 10 October 2014) and Carolyn Cummins and Julie-anne Sprague, 'Woolworths, Coles to take on convenience stores' (SMH, 6 October 2014)
]]> Fri, 10 Oct 2014 13:53:37 +1100 http://www.australiancompetitionlaw.org/news.html The latest 'The State of Competition' is out now and focus on the Harper Panel's recommendations for s 46. In it, authors Rachel Trindade, Rhonda L Smith and Alexandra Merrett 'road-test the Harper proposal, trying it out with examples of allegedly anti-competitive conduct said to fall outside the scope of the current law.' View the latest The State of Competition ('Building better mousetraps: Harper’s re-write of section 46'). See also The State of Competition homepage for earlier issues.
]]> Thu, 09 Oct 2014 13:52:56 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has "allowed taxi operators working in co-operatives in regional and country Victoria to agree on the maximum fares they will charge taxi-users for work booked within their cooperative network." See press release. See authorisation register.
]]> Thu, 09 Oct 2014 13:52:30 +1100 http://www.australiancompetitionlaw.org/news.html Allan Asher has a piece in today's The Conversation discussing NBN oversight and the recent Harper and Vertigan recommendations. See Allan Asher, 'Why handing NBN oversight to a new regulator is a recipe for failure' (The Conversation, 8 October 2014).
]]> Wed, 08 Oct 2014 13:52:13 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has indicated it will not try to force Woolworths to divest assets to reduce market power (noting that it does not and should not have the power to break up companies). This follows a suggestion by former Woolworths and Coles executive, Tony Leon, suggested a forced liquor separation may be necessary. See, for example, 'ACCC won't hunt Woolworths split' (The Australian, 6 October 2014) and Julie-Anne Sprague, 'Competition watchdog won't call for Woolies liquor split' (AFR, 6 October 2014) and Julie-Anne Sprague, 'Tony Leon, liquor legend with a thirst for a deal' (AFR, 4 October 2014, p 35)
]]> Mon, 06 Oct 2014 13:51:55 +1100 http://www.australiancompetitionlaw.org/news.html Dr Martyn Taylor has an item in the Australian Financial Review on the draft Harper recommendations. See Martyn Taylor, 'Harper review a chance for economic leadership' (AFR, 3 October 2014) (alternate source: Norton Rose Fulbright website)
]]> Fri, 03 Oct 2014 13:51:37 +1100 http://www.australiancompetitionlaw.org/news.html The Trade Practices Act (still in force but re-named the Competition and Consumer Act 2010) celebrated its 40th anniversary on 1 October. The ACCC has released a commemorative magazine and 30-min video showcasing the history of the Act. See press release.
]]> Fri, 03 Oct 2014 13:51:09 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC today announced it would not oppose the proposed acquisition by Expedia of Wotif.com. This follows the release of a Statement of Issues last month. See press release. See merger register. See also Matt O'Sullivan, 'ACCC clears Expedia takeover of Wotif' (The Age, 2 October 2014), Jamie Freed, 'ACCC gives green light to $703m Expedia-Wotif deal' (AFR, 2 October 2014) and Michael Roddan and AAP, 'ACCC clears Expedia's Wotif takeover' (DataRoom, 2 October 2014)
]]> Thu, 02 Oct 2014 13:50:35 +1100 http://www.australiancompetitionlaw.org/news.html The ACCC has commenced criminal proceedings against Mr Robert Paul Davies, alleging he aided and abetted the failure of Natural Food Vending to comply with a compulsory s 155 notice (relating to a consumer law issue). See press release.
]]> Thu, 02 Oct 2014 14:47:33 +1000 http://www.australiancompetitionlaw.org/news.html The Vertigan panel's report (Markets and Regulatory Report) was released last night. In part, the panel calls for the NBN to be split up and sold off (disaggregating NBN Co 'into competing business units using roughly equally matched technologies would provide the most effective platform for competition and innovation'). Communications Minister, M Turnbull MP, says no, 'now is not the time' - see preliminary government response: Malcolm Turnbull MP, 'Vertigan panel lays out path to less telecommunication regulation' (1 October 2014). See also summary or principal conclusions. For more media and related reports see my Vertigan report page.
]]> Thu, 02 Oct 2014 12:00:56 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC today announced it would not oppose the proposed acquisition by Expedia of Wotif.com. This follows the release of a Statement of Issues last month. See press release. See merger register. See also Matt O'Sullivan, 'ACCC clears Expedia takeover of Wotif' (The Age, 2 October 2014), Jamie Freed, 'ACCC gives green light to $703m Expedia-Wotif deal' (AFR, 2 October 2014) and Michael Roddan and AAP, 'ACCC clears Expedia's Wotif takeover' (DataRoom, 2 October 2014)
]]> Thu, 02 Oct 2014 10:58:47 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it 'will not oppose Reckitt Benckiser Brands Limited’s proposed acquisition of the K-Y brand from Johnson & Johnson'. See press release. See merger register.
]]> Thu, 02 Oct 2014 10:58:34 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it 'will not oppose Tabcorp Group’s (ASX: TAH) proposed acquisition of the ACTTAB business.' See press release. See merger register.
]]> Thu, 02 Oct 2014 10:58:21 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has 'granted an exemption for GrainCorp’s Carrington terminal at the Port of Newcastle under the new mandatory Code on bulk wheat terminal access'. See press release. See exemption decision.
]]> Thu, 02 Oct 2014 10:58:05 +1000 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, addressed the Australian Food and Grocery Council’s Industry Leaders Forum in Canberra today. See press release. See speech.
]]> Wed, 01 Oct 2014 10:57:50 +1000 http://www.australiancompetitionlaw.org/news.html There has been plenty of media on the Harper Review's draft report released last Monday - including two items in today's AFR: Kate Walsh, 'Lawyers see green light for mergers in Harper review' (The Australian Financial Review, 30 September 2014, page 15) and an opinion piece by former Competition Minister, Craig Emerson: 'There are ill-effects in an effects test' (The Australian Financial Review, 30 September 2014, p 58). For more links to media following the report, see my Harper media page.
]]> Tue, 30 Sep 2014 10:57:29 +1000 http://www.australiancompetitionlaw.org/news.html In a directions hearing before Justice Bernard Murphy on Friday, petrol retailers denied that sharing of historical information via the Informed Sources website constituted price fixing or that it substantially lessened competiition. See AAP, 'Petrol pumps deny website allows fixing' (Business Spectator, 26 September 2014)
]]> Fri, 26 Sep 2014 10:57:10 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has announced that it will not oppose Wilmar and First Pacific’s proposed acquisition of Goodman Fielder Limited.' See press release. See public register.
]]> Thu, 25 Sep 2014 10:56:53 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has granted interim authorisatins to Tabcorp Wagering Manager & Ors and Racing and Wagering Western Australia and has authorised Melbourne councils to undertake joint tendering for organic waste processing services. See the ACCC's exemptions media page.
]]> Wed, 24 Sep 2014 10:56:31 +1000 http://www.australiancompetitionlaw.org/news.html There are plenty of media reports discussing the Harper Panel's Draft Report - I am collating them on my Harper Media Page. They include a couple of useful pieces by Alexandra Merrett - 'Big business, market power and why we need more test cases' (The Conversation, 23 September 2014) and 'Harper's booster shot for competition' (Business Spectator, 23 September 2014) - and a set of brief expert reactions on different aspects of the Report in The Conversation (Harper competition review seeks widespread change: experts react (The Conversation, 22 September 2014))
]]> Tue, 23 Sep 2014 08:48:19 +1000 http://www.australiancompetitionlaw.org/news.html There are plenty of recommendations in the Draft Harper Report on policy and law. In relation to Part IV, key recommendations include:
• simplify cartel provisions plus additional exemptions (rec 22)
• remove prohibition of exclusionary provisions in s 45/4D (rec 23)
• repeal price signalling provisions; extend s 45 to capture concerted practices (rec 24)
• effects test for s 46 (misuse of market power)
• no specific price discrimination provisions (general or international) (rec 26)
• simplify s 47 (exclusive dealing) and remove per se ban on third line forcing (rec's 27 and 28)
• resale price maintenance to remain per se prohibited but with notification option
• no change to merger law (inc no creeping acquisition law) (rec 30)
• improve formal merger exemption process and combine with authorisation process with ACCC decision-maker at first instance (rec 30)
• retain secondary boycott prohibition but require ACCC to report on enforcement and extend jurisdiction to state and territory supreme courts (rec's 31 and 32)
• simplify authorisation and notification provisions (inc allow ACCC to grant exemption if satisfied either the conduct is unlikely to SLC or it will result in a net public benefit) (rec 34) and introduce block exemption power (rec 35)
• qualify obligations under s 155 (rec 36)
• extend s 83 to apply to admissions of fact (facilitate private actions) (rec 37)
• extend CCA so that competition law provisions apply to Crown 'insofar as they undertake activity in trade or commerce' (rec 19)
• retain access regime but with modification - including that criterion (b) require it be uneconomical for anyone to develop another facility (rec 38 - further comment invited on aspects of Part IIIA)

Commentary in the lead-up to the release of draft report suggested we wouldn't see much attention paid to the detail of the provisions in Part IV - the report is a pleasant surprise in that respect. Discussion of the legal provisions has not come at the expense of policy discussion or discussion about institutions and governance, which are also covered extensively in the report. See further the draft report.

]]> Mon, 22 Sep 2014 08:47:47 +1000 http://www.australiancompetitionlaw.org/news.html Reports over the last week that the Harper Draft Report would be unlikely to recommend an effects test for s 46 were about as far off the mark as you could get - recommendation calls for removal of 'taking advantage' and adding effect of SLC to the provision. See draft report.
]]> Mon, 22 Sep 2014 08:47:27 +1000 http://www.australiancompetitionlaw.org/news.html The draft report has now been released. Each of the Panel members has also made a statement on the draft report. Submissions on the report are due 17 November 2014.
]]> Mon, 22 Sep 2014 08:47:11 +1100 http://www.australiancompetitionlaw.org/news.html The AFR reports this morning that the draft Harper report, to be released today, will recommend opening more health and education to business, to relax local planning rules and to propose the ACC report on secondary boycott investigations. See Fluer Anderson, 'Competition review to open up health, education' (AFR, 22 September 2014, page 4)
]]> Mon, 22 Sep 2014 08:46:56 +1100 http://www.australiancompetitionlaw.org/news.html Former ACCC Chairman, Graeme Samuel, has indicated that detailed legal debate - including whether or not to introduce an effects test - is likely to take a back seat to broader economic reforms - see Jared Lynch, 'Competition effects test to take a back seat, says Samuel' (SMH, 22 September 2014). The Panel's draft report is expected today.
]]> Mon, 22 Sep 2014 08:46:28 +1000 http://www.australiancompetitionlaw.org/news.html Fairfax is reporting today that the introduction of an effects test will not be among the draft Harper recommendations expected on Monday. See Fleur Anderson, '"Effects test" for competition law put on hold' (Australian Financial Review, 18 September 2014) (in paper version, Fluer Anderson, 'Competition law: 'effects test' on hold' (AFR, 18 September 2014, page 3))
]]> Thu, 18 Sep 2014 17:24:48 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed acquisition of three Supa IGA supermarkets by Coles. The ACCC noted that in each of the relevant local markets 'there is at least one large competitive independent offer, in addition to Woolworths' supermarkets' and it was likely Aldi would enter some of the relevant markets in coming years. The ACCC also noted the potential for the Supa IGA stores to be closed without the acquisition. See press release. See public register.
]]> Thu, 18 Sep 2014 10:57:10 +1000 http://www.australiancompetitionlaw.org/news.html Allan Fels, Nicolas Taylor and Prudence Smith have an opinion piece in today's AFR discussing the Competition Policy Review - see Fels, Taylor and Smith, 'Trim our bloated competition laws' (Australian Financial Review, 16 September 2014, page 47) Tue, 16 Sep 2014 17:32:55 +1000 http://www.australiancompetitionlaw.org/news.html As part of his LCA address, ACCC Chairman, Rod Sims, addressed the recurring issue of national champions, claiming the current debate confuses the distinction between industrial and merger policy. See Jeff Whalley, 'Global can't crush local, says competition watchdog chief' (Herald Sun, 14 September 2014)
]]> Sun, 14 Sep 2014 10:56:54 +1000 http://www.australiancompetitionlaw.org/news.html The full address by ACCC Chairman, Rod Sims, to the Law Council of Australia on Friday is now available on the ACCC's website. See Press Release, 'Our economy needs more competition on its merits' (ACCC, 12 September 2014) and Rod Sims, 'Enhancing competition policy' (Speech to Law Council of Australia, Competition and Consumer Committee AGM, 12 September 2014)
]]> Sun, 14 Sep 2014 10:56:37 +1000 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, speaking to the LCA, has suggeted that the ACCC's proposed changes to s 46 are directed to addressing behavior akin to a football team with substantial market power locking a rival in their change rooms and 'seeking to win by default'. See 'ACCC boss Rod Sims: Companies locking rivals in change rooms' (news.com.au, 13 September 2014)
]]> Sat, 13 Sep 2014 10:56:23 +1000 http://www.australiancompetitionlaw.org/news.html The Australian Financial Review today features several items on competition policy today. First, page one features an article by Michael Smith - 'Rod Sims: don't let me be misunderstood' (Australian Financial Review, 12 September 2014, pages 1 and 4) highlighting Sims' claim that the ACCC's proposed changes to s 46 have been 'misinterpreted'. On page 36 you will find 'Competition Rules', featuring an interview with Rod Sims (Michael Smith, 'Competition Rules' (AFR, 12 Sept 2014, page 36). Finally there is an opinion piece from Rod Sims focussing on s 46 (Rod Sims, 'The ACCC wants to keep the playing field open as well as level' (AFR, 12 Sept 2014, page 39)
]]> Fri, 12 Sep 2014 10:56:06 +1000 http://www.australiancompetitionlaw.org/news.html Former competition minister, Chris Bowen, addressed the National Press Club yesterday and took the opportunity to voice his opinion that the proposed effects test for s 46 may chill competition. See David Crowe, 'ACCC’s reform plan will chill market forces, Chris Bowen warns' (The Australian, 12 September 2014). See also 'Labor backs big business in opposing effects test' (Australian Financial Review, 12 September 2014, page 4).
]]> Fri, 12 Sep 2014 10:55:43 +1000 http://www.australiancompetitionlaw.org/news.html The AFR is reporting that Small Business Minister, Bruce Billson, has labelled big business juvenile for suggesting the issues surrounding section 46 are 'black and white'. According to the AFR he also claims there is no suggestion an effects test would replace the current law requiring proof of intent to misuse market power (although if that is the case it is not at all clear what is being suggested). See Fluer Anderson, ''Effects test' to allow scrutiny of big firms' (Australian Financial Review, 11 September 2014) - for online versions see Fluer Anderson, 'Big business 'juvenile', says Billson' (AFR, 10 September 2014 - subscription required) and Fluer Anderson, 'Big business is 'juvenile' for opposing effects test: Small Business Minister Bruce Billson' (BRW, 11 September 2014)
]]> Thu, 11 Sep 2014 10:55:21 +1000 http://www.australiancompetitionlaw.org/news.html Following the report in yesterday's Australian that Cabinet was split over competition laws, Minister for Small Business, the Hon Bruce Billson, has denied that he has a fixed view on policy changes. See David Crowe, 'Minister warns on plan to toughen laws ahead of competition review' (The Australian, 11 September 2014). John Durie also has a piece in today's Australian suggesting the s 46 debate is a distraction, suggesting the focus should shift to more substantial issues: John Durie, 'Section 46 focus is a distraction' (The Australian, 11 September 2014)
]]> Thu, 11 Sep 2014 10:55:02 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will not take action to prevent TPG implementing its plans to connect large apartment buildings in metro areas to its existing fibre networks (etc), concluding that it's planned rollout is permitted under the Telecommunications Act. The ACCC's investigation followed a complaint that the plans would breach the 'NBN level playing field' provisions in the Act. See ACCC press release. See also David Ramli, 'ACCC gives TPG nod despite NBN Co's concerns' (Australian Financial Review, 11 September 2014).
]]> Thu, 11 Sep 2014 10:54:31 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has today published its updated Immunity and Cooperation Policy for Cartel Conduct (these replace the ACCC Immunity Policy for Cartel Conduct July 2009 and ACCC Immunity Policy Interpretation Guidelines July 2009). This follows a review which commenced In May 2013 (including a public consultation from 30 September 2013 to 28 October 2013) and the release of a draft updated policy on 9 April 2014. Key changes include implementing a two-step process for the CDPP to grant criminal cartel immunity, removing 'clear leader' as a disqualifying factor for immunity and consolidating various publications into one policy document plus a set of FAQs. An updated Annex B to the Prosecution Policy of the Commonwealth was published yesterday. See press release.
]]> Wed, 10 Sep 2014 12:58:13 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has re-authorised the 'Lottery Agents Association of Victoria to collectively bargain on behalf of its members' for a period of ten years. See press release.
]]> Wed, 10 Sep 2014 12:58:10 +1000 http://www.australiancompetitionlaw.org/news.html The Australian reports today that cabinet ministers are at odds over potential changes to the competition laws. See David Crowe, 'Cabinet split over competition laws' (The Australian, 10 September 2014)
]]> Wed, 10 Sep 2014 12:58:02 +1000 http://www.australiancompetitionlaw.org/news.html Prof Harper delivered a speech to the Australasian Convenience and Petroleum Marketers Association this morning - see Renee Viellaris, 'Supermarket giants cry foul as small business pressures ACCC to limit Coles and Woolworths’ duopoly power' (The Courier Mail, 10 September 2014).
]]> Wed, 10 Sep 2014 12:57:46 +1000 http://www.australiancompetitionlaw.org/news.html John Durie reports today that the Harper draft report (due 22 September) will be divided into three roughly even sections - competition policy, the law and institutions. See Durie, 'Ian Harper's draft report will look at competition policy, the law and institutions like the ACCC' (The Australian, 9 September 2014)
]]> Tue, 09 Sep 2014 15:08:19 +1000 http://www.australiancompetitionlaw.org/news.html John Durie has an item about the Harper Review in today's Australian (John Durie, 'Harper spotlight to shine on ACCC' (8 September 2014)) with a focus on merger review times. The article also notes that the review is expected to issue its draft report on September 22.
]]> Mon, 08 Sep 2014 15:08:03 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has proposed to allow Victorian regional and country taxi operators working in co-operatives to agree on the maximum fares they will charge within a network for three years.' See news release. See authorisation register.
]]> Fri, 05 Sep 2014 15:07:43 +1000 http://www.australiancompetitionlaw.org/news.html Two more Harper Review submissions released today - the BCA's second submission (earlier released on BCA website) and a brief submission from the Australian Diagnostic Imaging Association. All submissions can be downloaded from the Competition Policy Review website and summaries of some (progressively added), including release date, can be found on my submissions page.
]]> Fri, 05 Sep 2014 10:12:24 +1000 http://www.australiancompetitionlaw.org/news.html Plenty of media following the release of the ACCC's Statement of Issues raising concerns about Expedia's proposed acquisition of Wotif.com. See, for example, Jamie Freed, 'Competition watchdog raises concerns about Wotif takeover' (Sydney Morning Herald, 4 September 2014), Mitchell Bingemann, 'Wotif shares dive amid ACCC’s takeover fears ' (The Australian, 5 September 2014), Tim Boreham, 'Watchdog knocks the stuffing out of Wotif' (The Australian, 5 September 2014), Tim Boreham, 'Wotif watchdog's bite worse than bark?' (The Australian, 4 September 2014), Mitchell Neems, 'ACCC to further probe Expedia's Wotif purchase' (Business Spectator, 4 September 2014) and 'Wotif this deal drives up costs?' (news.com.au, 4 September 2014).
]]> Fri, 05 Sep 2014 10:00:45 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues outlining competition issues that have arisen from the ACCC's review of the proposed acquisition of Wotif.com by Expedia. See press release. See merger register. See also Mitchell Neems, 'ACCC to further probe Expedia's Wotif purchase' (The Australian, 4 September 2014)
]]> Thu, 04 Sep 2014 10:00:28 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC will not oppose Fairfax Media's proposed acquisition of All Homes.View merger register. See, for example, Mitchell Neems, 'ACCC clears Fairfax's All Homes buy' (The Australian, 4 September 2014)
]]> Thu, 04 Sep 2014 10:00:11 +1000 http://www.australiancompetitionlaw.org/news.html There has been much talk about the BCA's supplementary submission to the Competition Policy Review - it's not yet made its way to the Harper Review submission's page, but is available on the BCA's website. The submission focuses on three things: proposed changes to section 46, calls for the ACCC power to initiate its own market studies and the extension of the price signalling provisions. View Supplementary submission to the Competition Policy Review.
]]> Wed, 03 Sep 2014 11:35:39 +1000 http://www.australiancompetitionlaw.org/news.html In response to the ACCC's most recent submission to the Harper Review, Prof Stephen King has an item in today's 'The Conversation' addressing (again) his concerns about the ACCC's proposal to change our misuse of market power provision. See Stephen King, 'Words matter. That's why the ACCC has got it wrong' (The Conversation, 3 September 2014).
]]> Wed, 03 Sep 2014 09:25:29 +1000 http://www.australiancompetitionlaw.org/news.html Three more submissions were released late yesterday, including submission 4 from the ACCC focussing on section 46 and the recent op ed by Graeme Samuel (although they somehow manage to spell his name incorrectly - 'Graham') and Stephen King and comments made by Richard Goyder.
]]> Tue, 02 Sep 2014 09:25:11 +1000 http://www.australiancompetitionlaw.org/news.html The front page of today's Australian Financial Review features an article by Fleur Anderson ('Business fights tough ACCC rule' (AFR, 2 September 2014, pages 1 and 6)) discussing concerns expressed about the ACCC to introduce an effects test. See also ABC, 'Business Council takes on ACCC over competition rules' (Pat McGrath, The World Today)
]]> Tue, 02 Sep 2014 09:24:48 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC proposes to authorise joint tendering for organic waste processing services by Metro Waste Management Group (MWMG) on behalf of itself and five metro Melbourne councils, has issued a draft determination proposing to authorise Tabcorp and TAB's international pooling arrangement, proposes to re-authorise certification, suspension and termination of membership provisions Consumer Electronic Clearing System (CECS) rules and has re-authorised current and future FeeSmart Network members to agree not to directly charge each other's cardholders for certain ATM transactions.
]]> Thu, 28 Aug 2014 12:45:50 +1000 http://www.australiancompetitionlaw.org/news.html The Conversation has just published an item by Caron Beaton-Wells and David Byrne on the ACCC's latest action against the petrol giants - see Caron Beaton-Wells, David Byrne, 'Fixing the fixers of petrol prices is no easy task' (The Conversation, 27 August 2014)
]]> Wed, 27 Aug 2014 16:45:16 +1000 http://www.australiancompetitionlaw.org/news.html Mobil Oil has pledged entered into an enforceable undertaking with the ACCC not to subscribe to Informed Sources (or any other similar service) for the next five years. Informed Sources has noted that Mobil does not currently retail petrol in Australia and has no stated objective to do so; Mobil has not subscribed to Informed Sources since 2010 when it sold its retailing assets in Australia (7-Eleven currently runs Mobil branded stores - they are not operated by Mobil). The undertaking states, in part:

"While Mobil Oil Australia does not accept that its previous subscription, or the subscription of others, to the Oil PriceWatch service had any adverse effect on competition n any relevant market in Australia, Mobil Oil Australia has voluntarily and without admission offered to provide this Undertaking to address the concerns raised by the ACCC."

See 'Mobil swears off petrol information service Informed Sources as ACCC Federal Court action looms' (news.com.au 26 August 2014) and ACCC press release.

]]> Tue, 26 Aug 2014 12:44:49 +1000 http://www.australiancompetitionlaw.org/news.html An additional six Harper Review submissions have been released today. They include a third submission from the ACCC, a second submission from the LCA (SME Committee), NewsCorp and a submission from the Qld Competition Authority. See also my my review page (including overviews of the first set of submissions to the Review.
]]> Fri, 22 Aug 2014 12:44:18 +1000 Thu, 28 Aug 2014 12:44:05 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced that it will not oppose the proposed acquisition by Aquis of the Reef Hotel Casino in Cairns. The informal review of the proposal commenced 9 April 2014 and a Statement of Issues was released on 3 July - in the end the ACCC 'was satisfied that, if developed, the Aquis Resort will focus primarily on international VIP customers because the size of its proposed investment would require a much higher return than could be obtained from non-VIP customers'. See press release. See merger register.
]]> Thu, 21 Aug 2014 12:43:36 +1000 http://www.australiancompetitionlaw.org/news.html Plenty of media on the ACCC's action against Informed Sources. See, for example, Lucille Keen, 'ACCC sues petrol retailers, Informed Sources' (Financial Review, 20 August 2014), Ben Butler, 'ACCC takes action on petrol pricing' (Sydney Morning Herald, 21 August 2014), Annabel Hepworth, 'Petrol giants face legal test on prices' (The Australian, 21 August 2014) ACCC takes BP, Caltex, Woolworths, Coles Express, 7-Eleven and Informed Sources to Federal Court' (news.com.au, 20 August 2014), Michael Janda, 'ACCC launches legal action against Informed Sources and retailers over alleged petrol price sharing' (ABC News, 21 August 2014) and Simon Thomsen, 'Competition Watchdog Takes Fuel Big Boys To Court Over Alleged Price Fixing' (20 August 2014).

Several press releases have also been issued by the respondents to the ACCC proceedings: see, for example, Informed Sources, 'The ACCC action against Informed Sources is unjustified' (Media release, 20 August 2014), Woolworths Ltd, 'ACCC and Informed Sources' (20 August 2014) and Caltex, 'Caltex response to ACCC proceedings on fuel price data' (20 August 2014)

]]> Thu, 21 Aug 2014 10:16:38 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against Informed Sources and several petrol retailers (BP, Caltex, Eureka (t/a Coles Express), Woolworths and 7-Eleven) alleging they contravened s 45 of the Act by entering into arrangements involving communication about prices which had the 'effect or likely effect of substantially lessening competition in markets for the sale of petrol in Melbourne'. The matter is listed for a directions hearing on 26 September 2014. See ACCC press release.
]]> Wed, 20 Aug 2014 19:25:15 +1000 http://www.australiancompetitionlaw.org/news.html A further four Harper Review submissions were released on Friday, including a supplementary submission from the ACCC focussing on several merger issues.
]]> Wed, 20 Aug 2014 14:13:26 +1000 http://www.australiancompetitionlaw.org/news.html Former treasurer, Peter Costello, has weighed in on the public debate about an 'effects test' for section 46. At an Australian Retailers Association function Costello said he opposed an effects test 'designed to protect competitors, particularly less efficient ones, from a competitive challenge' (see 'Costello backs Goyder against ACCC' (The Australian, 18 August 2014) and Bridget Carter, '"Effects test" will hurt competition' (The Australian, 19 August 2014, p 25 Business) and Sue Mitchell, 'Peter Costello buys into retail debate' (The Age, 18 August 2014)).

See also Lucy Barbour, 'Competition watchdog ACCC head Rod Simms (sic) denies claims an 'effects test' would be 'economically dangerous' (ABC Rural, 18 August 2014), in which the ACCC Chairman defends the ACCC's proposed effects test (and is also reported as saying that the current case against Coles was brought under the unconscionable conduct provisions rather than under s 46 because the misuse of market power prohibitions is a law that exists only between competitors ...)

]]> Tue, 19 Aug 2014 14:12:55 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against OmniBlend Australia alleging it attempted to price fix with a competitor and that it 'induced a supplier to direct Omniblend's key competitor not to discount its prices for blenders' (RPM) - see press release.
]]> Thu, 14 Aug 2014 12:28:41 +1000 http://www.australiancompetitionlaw.org/news.html Jill Walker and Roger Featherston have hit backs at comments by former ACCC Chairman, Prof Graeme Samuel, who opposes a proposed 'effects test' for s 46, calling for 'real debate' on the issue, not 'scare mongering'. See Jill Walker and Roger Featherston, 'ACCC's section 46 change is not anti-competitive' (The Australian Financial Review, 14 August 2014) (or for the paper version, Jill Walker and Roger Featherston, 'ACCC suggestion is far from novel and not anti-competitive' (AFR, 14 August 2014, page 55). See also Graeme Samuel and Stephen King, 'The effect of the ACCC's ambitions is dangerous' (AFR, 12 August 2014, page 47).
]]> Thu, 14 Aug 2014 11:19:18 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has granted authorisation to the Catholic Negotiating Alliance (CNA), a network of nine hospital and aged care service providers, to collectively negotiate with Funding Organisations (including private health funds) and suppliers of various goods and services.' See press release.
]]> Thu, 14 Aug 2014 14:11:57 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has issued a 'draft determination proposing to grant conditional authorisation for local liquor accords operating in Queensland to adopt a pro-forma liquor accord developed by the Queensland Office of Liquor and Gaming (OLGR)' for five years. View press release.
]]> Thu, 14 Aug 2014 10:28:04 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has granted interim authorisation for Australian Seafood Industries (ASI) to collect a levy, in conjunction with hatcheries, on the purchase of Pacific oyster spat' which will enable ASI to undertake 'research into developing spat with resistance to the Pacific Oyster Mortality Syndrome (POMS)'. See press release.
]]> Thu, 14 Aug 2014 14:12:29 +1000 http://www.australiancompetitionlaw.org/news.html It appears the Competition Policy Review secretariat has stopped providing notice of new submissions to the review; since the last notice of 21 July there have been 12 more public submissions posted on the submission website (bringing the total to 301 public submissions). The site has also removed any reference to the date submissions were released (previously indicated with asterisks), other than to shade the very last batch released; the last batch were posted on 8 August and involved four submissions from from Anonymous childcare, Asciano, the AER and a second submission from Jones Day.

The other 8 submissions posted since 21 July were from eBay, Global Shippers' Forum, NSW Taxi Council, Recruitment and Consulting Services Association, Sigma Pharmaceuticals Ltd, The Industry Group, The Infrastructure Group and the United States Federal Trade Commission (focus on misuse of market power , price signaling, and merger notification and review procedures).

Submissions can be downloaded from the Competition Policy Review website and summaries of some (progressively added), including release date, can be found on my submissions page.

]]> Thu, 14 Aug 2014 10:07:06 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released its latest quarterly report. The report notes that in the June 2014 quarter the ACCC was involved in 14 competition enforcement proceedings (13 carried over from previous quarter and one new action initiated against Aust Egg Corp Ltd). One court enforceable undertaking was accepted in the quarter relating to RPM. In relation to mergers 93 were pre-assessed, 10 were reviewed (four confidentially) and of these three were not opposed, two were opposed outright, three resolved through undertakings and in two confidential matters the ACCC has expressed concerns. One Statement of Issues (Elgas) was issued in the quarter. Some significant merger matters, including AGL, are highlighted in the report. In relation to authorisation and notification, the report notes that 16 final authorisation determinations were made in the quarter, 117 exclusive dealing notifications were lodged (none revoked) and one collective bargaining notification was received. The ACCC received 584 complaints relating to alleged anti-competitive practices (of these 125 related to allegations of misuse of market power). View ACCC press release for an overview.
]]> Wed, 13 Aug 2014 22:27:26 +1000 http://www.australiancompetitionlaw.org/news.html Lucy Barbour has an item in today's ABC Rural discussing concerns expressed by economists over the possible introduction of an effects test into s 46 of the Act. See Lucy Barbour, 'Push by farm lobby groups for 'effects test' in competition review leaves economists worried' (ABC Rural, 13 August 2014). The article focusses on concerns raised by Prof Graeme Samuel over the National Farmers Federation's proposed hybrid effects test.
]]> Wed, 13 Aug 2014 10:06:51 +1000 http://www.australiancompetitionlaw.org/news.html Dr Martyn Taylor from Norton Rose Fulbright has an item discussing the current competition policy review. See Martyn Taylor, 'Australia: the country may lead the world on competition reform - in Australia, a comprehensive reform of competition policy is taking place' (Lexology, 11 August 2014)
]]> Tue, 12 Aug 2014 10:06:35 +1000 http://www.australiancompetitionlaw.org/news.html Barnaby Joyce has claimed the ACCC's treatment of the Murray Goulburn bid for WCB as a poor application of competition law. Joyce wants to create 'national champions'. He also thinks retailers continuing to advertise milk at $1 per litre is BS. See Andrew White, 'Warrnambool Cheese & Butter not ACCC at its finest, says Joyce' (The Australian, 11 August 2014) and Damon Kitney, 'Dairy producers back Coles and Woolies on $1 milk' (The Australian, 9 August 2014)
]]> Mon, 11 Aug 2014 10:06:15 +1000 http://www.australiancompetitionlaw.org/news.html According to today's West Australian, the ACCC was asked by WA Energy Minister, Mike Nahan, to defer a press release outlining competition concerns relating to the Verve/Synergy merger. See Daniel Mercer, 'Price fear over power merger' (The West Australian, 11 August 2014)
]]> Mon, 11 Aug 2014 10:05:53 +1000 http://www.australiancompetitionlaw.org/news.html The August issue of the CCLJ is now available for subscribers. There are four articles in this issue: David J Brennan, Shifting shades of grey - International price discrimination and Australian copyright law; Matthew E Taylor and Arlen Duke, Refocussing the parallel import debate; Warwick Rothnie, Trade marks and parallel importsand Rhonda L Smith and Arlen Duke, Agreements and competition law in Australia.
]]> Mon, 11 Aug 2014 10:48:41 +1000 http://www.australiancompetitionlaw.org/news.html The Federal Court has found that compulsory examination notices issued by the ACCC under s 155 to Paul and Moses Obeid are valid. View reasons for judgment. View ACCC Media Release. See also John Durie, 'Court rejects Obeid section 155 challenges' (The Australian, 8 August 2014) and Michaela Whitbourne, 'Paul and Moses Obeid could be forced to give evidence on alleged cartel ' (SMH, 8 August 2014)
]]> Sat, 09 Aug 2014 10:27:45 +1000 http://www.australiancompetitionlaw.org/news.html The transcript of an interview with Sheryle Bagwell on ABC Radio National is now available from the Competition Policy Review website. In response to questioning about the recent Goyder/Sims stoush, Prof Harper stated (in part): '... we're certainly starting from the position that competition policy is about protecting the competitive process. ... we don't see that being a matter for contest.' Pressed on s 46 and the possibility of effects test, however, Prof Harper was (appropriately) giving nothing away ('I am taking advice from people right across the spectrum about this'). The interview also touches on the issue of competition in government-dominated sectors.
]]> Fri, 08 Aug 2014 16:49:28 +1000 http://www.australiancompetitionlaw.org/news.html A speech delivered by Competition Policy Review Chair, Prof Ian Harper, to the 12th National Small Business Summit yesterday, is now available on the Review's website.
]]> Fri, 08 Aug 2014 16:49:11 +1000 http://www.australiancompetitionlaw.org/news.html UniSA is once again hosting the Competition and Consumer workshop in Adelaide from 10-11 October. The Workshop will cover regulation updates from the UK, Australia, Singapore and New Zealand; small business; the Australian Competition Tribunal; dealing with the regulator; perspectives from Australian Federal Court judges; international judicial perspectives from New Zealand and Hong Kong; and the 'root and branch' review. The Workshop includes an impressive array of speakers and panelists, including two members of the current Competition Policy Review Panel (Prof Ian Harper and Michael O'Bryan QC). The Annual Workshop dinner will be held at the Adelaide Oval and feature after-dinner speaker Ben McDevitt AM, CEo of ASADA. Workshop registration is now open and closes 12 September. For further information, including the full program, visit the Workshop homepage.
]]> Thu, 07 Aug 2014 10:23:38 +1000 http://www.australiancompetitionlaw.org/news.html John Durie has an item in today's Australian discussing Rod Sims' response to comments made by Wesfarmers' Richard Goyder to the press club earlier this week, who expressed the view that it was 'ludicrous to contemplate introducing an effects test' into s 46 as proposed by the ACCC. See John Durie, 'Goyder "misrepresenting facts", says Sims' (The Australian, 6 August 2014). See also John Harper, 'B20 chairman: Don't blunt our competitive edge' (Herald Sun, 6 August 2014) and David Drowe, 'Wesfarmers chief Richard Goyder slams "ludicrous" consumer laws' (The Australian, 6 August 2014)
]]> Thu, 07 Aug 2014 08:58:27 +1000 http://www.australiancompetitionlaw.org/news.html Professor Ian Harper, Chair of the Competition Policy Review, delivered a presentation to the UNSW Competition Law and Policy Conference today. The presentation slides are available for download from the CPR Media page. The presentation highlights some of the issues raised by submissions to the review and notes that the panel 'will work through the issues raised, but will not adjudicate them' (noting Panel is 'looking at broad principles and institutional frameworks') and that a draft report is expected at the end of September - further submissions may be made in response to that draft report. See further my Competition Policy Review Page or the official Competition Policy Review website.
]]> Wed, 06 Aug 2014 08:57:45 +1000 http://www.australiancompetitionlaw.org/news.html The latest The State of Competition has hit the virtual shelves today focussing on 'the public benefits of private litigation'. In this issue Alexandra Merrett and Rhonda Smith note the ACCC's apparent reluctance to litigate cases involving conduct subject to a competition test (providing some useful statistics). The authors go on to detail private actions in the past ten years, noting cases, outcomes and legal representation, before considering the reasons for such limited private enforcement (most notably cost and the absence of the s 155 powers enjoyed by the ACCC). The authors then consider the position in other jurisdictions (such as the US, where the prospect of treble damages has encouraged much more significant private litigation) before making some suggestions for improving the rate of private litigation. I particularly enjoyed this issue and commend it to you; see also The State of Competition archives.
]]> Thu, 31 Jul 2014 09:36:32 +1000 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, addressed the Sydney Business Chamber CEO's Leadership Roundtable today detailing current ACCC priorities and noting (again) that a high number of 'in-depth' investigations are underway, most of which are confidential. The speech itself is not yet available. See press release.
]]> Mon, 28 Jul 2014 09:36:09 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released a discussion paper seeking views on 'setting primary prices for the regulated fixed line services supplied using Telstra’s copper network'. Unusually, the government has urged the ACCC not to take Telstra's $11 billion NBN deal into account when making this determination (letter from the Minister for Communications and Minister for Finance received by ACCC on 17 July 2014). See press release. See ACCC project page. See also Supratim Adhikari, 'ACCC pushed to take Telstra's NBN payments off table' (The Australian, 25 July 2014) and David Ramli, 'Government urges ACCC to ignore Telstra's NBN deal' (Australian Financial Review, 24 July 2014)
]]> Thu, 24 Jul 2014 09:35:46 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will not apply for judicial review of the Tribunal's decision to grant conditional authorisation for AGL's proposed acquisition of Macquarie generation. View press release. See also John Durie, 'ACCC unlikely to block AGL purchase' (The Australian, 21 July 2014) and 'ACCC won't appeal AGL-Macquarie Generation decision' (The Australian, 24 July 2014).
]]> Thu, 24 Jul 2014 10:36:13 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has sent out market inquiry letters in relation to Expedia's proposed acquisition of Wotif.com Holdings Ltd. The closing date for submissions is 6 August with a provision decision date of 4 September. The main area of competitive overlap identified in the letters is the 'retail supply of online accommodation booking services to consumers'. Overlap also includes online booking services for flights and other travel products. Specific issues for consideration relate to the relevant markets (eg, is there 'a market for the retail supply of accommodation which is separate from the supply of multiple travel products?' and the substitutability of bricks and mortar agents and direct booking channels) and competitive dynamics in the market (including how closely Expedia and Wotif compete with other online distributors of accommodation and barriers to entry). View merger register for further details. See also Jamie Freed, 'ACCC puts Wotif, Expedia deal under the microscope' (Sydney Morning Herald, 21 July 2014)
]]> Tue, 22 Jul 2014 08:14:39 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has issued a draft determination 'proposing to grant authorisation to owner driver members of the Transport Workers’ Union in Queensland to engage in collective bargaining with Toll for air freight courier transport services.' See press release. See authorisation register.
]]> Tue, 22 Jul 2014 08:14:20 +1000 http://www.australiancompetitionlaw.org/news.html Six more submissions released today - see official Competition Policy Review submissions page. This brings the total number of non-confidential submissions published to 289. See also my submissions overview page.
]]> Mon, 21 Jul 2014 08:13:53 +1000 http://www.australiancompetitionlaw.org/news.html The Senate Economics Committee Inquiry into Competition and Consumer Amendment (Misuse of Market Power) Bill 2014 has been given an extra six months to report (the original report date was 24 June, which was extended until 17 June - on Tuesday this was further extended to 4 December 2014). The inquiry relates to a bill introduced by Senator Nick Xenophon which would provide the Court with the power to order a corporation to reduce its market share, where the corporation has been found to have contravened subsections 46(1) or 46(1AA) of the Act. A total of four submissions were received by the Committee (the Treasury submission is well worth reading to provide an overview of the issues relating to MMP divestiture and its application in other jurisdictions - often significantly misrepresented by those proposing divestiture powers in Australia).
]]> Thu, 17 Jul 2014 11:19:35 +1000 http://www.australiancompetitionlaw.org/news.html The Vertigan panel's first report, tabled in Parliament today, concludes that

'the broad framework should be retained largely unchanged for the time being but with some important modifications. The recommended modifications deal mostly with NBN Co's non-discrimination obligations, regulatory recourse to the Australian Competition and Consumer Commission (ACCC) in relation to an NBN Co access agreement and oversight of regulatory decision-making' (page 6).

The report ('Independent cost-benefit analysis of broadband and review of regulation'), which runs to 97 pages and makes 34 recommendations, deals with terms of reference item 2a which satisfies the statutory review required by section 152EOA of the CCA. A separate report will be produced dealing with the other terms of reference.

See The Hon Malcolm Turnbull MP, 'Vertigan Panel's First Report Released' (Press Release, 16 July 2014) See further David Ramli, 'Regulate the ACCC, says NBN review panel' (Australian Financial Review, 16 July 2014) and Supratim Adhikari, 'ACCC needs to be regulated: Vertigan panel' (Business Spectator, 16 July 2014). See also my review home page.

]]> Wed, 16 Jul 2014 20:10:17 +1000 http://www.australiancompetitionlaw.org/news.html Alexandra Merrett has a pice in today's The Conversation on competitive neutrality. See Alexandra Merrett, 'Government Inc: time to revisit competitive neutrality' (The Conversation, 14 July 2014)
]]> Mon, 14 Jul 2014 09:07:41 +1000 http://www.australiancompetitionlaw.org/news.html 11 more submissions released today - see official Competition Policy Review submissions page. This brings the total number of non-confidential submissions published to 283. See also my submissions overview page.
]]> Fri, 11 Jul 2014 09:07:26 +1000 http://www.australiancompetitionlaw.org/news.html There is an item in today's Financial Review on cartels and the immunity process: see Hannah Low, 'Cartel laws 'fail whistleblowers' (Australian Financial Review, 11 July 2014, page 32) Fri, 11 Jul 2014 09:07:06 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues highlighting concerns about Coles' proposed acquisition of four Progressive Supa IGA stores in WA. See press release. See merger register. Closing date for submissions is 17 July. See also Chris Kohler, 'ACCC warns on Coles' IGA purchases' (Business Spectator, 10 July 2014) and Stuart McKinnon, 'ACCC worried by IGA store sale' (The West Australian, 10 July 2014)
]]> Thu, 10 Jul 2014 09:07:03 +1000 http://www.australiancompetitionlaw.org/news.html The Australian reports that the ACCC is assessing competition complaints relating to the online property sector. See Darren Davidson, 'ACCC eyeing property site row' (The Australian, 10 July 2014)
]]> Thu, 10 Jul 2014 09:06:26 +1000 http://www.australiancompetitionlaw.org/news.html A further 36 submissions to the Harper Review have been released today. They include submissions from the, the American bar Association, the Australian Chamber of Commerce and Industry, the Australian Corporate Lawyers Association, the Business Council of Australia, Prof Allan Fels, Foxtel, the IBA (Antitrust Committee) and the Law Council of Australia (Business Law Section). The Chair of the Review, Prof Harper, has also released a video about what the Competition Policy Review has heard from stakeholders. 
]]> Fri, 04 Jul 2014 09:06:10 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released a draft determination 'proposing to grant authorisation for the Cities of Wanneroo, Joondalup and Swan to jointly tender and enter into contracts for the supply of services to process dry commingled recyclables collected by them through their yellow lid kerbside collection service'. See press release. See authorisation register.
]]> Thu, 03 Jul 2014 09:05:52 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has granted 'authorisation to the Australian Brick & Blocklaying Training Foundation (ABBTF), Think Brick Australia and the Concrete Masonry Association of Australia to continue to apply a small levy on the sale of clay brick and concrete masonry products.' See press release. See authorisation register.
]]> Thu, 03 Jul 2014 09:05:37 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues outlining concerns with the proposed acquisition by Aquis Reef Holdings of the Reef Hotel Casino in Cairns. See press release. See merger register.
]]> Thu, 03 Jul 2014 09:05:08 +1000 http://www.australiancompetitionlaw.org/news.html Issue 18 of The State of Competition is out now - this time Rhonda Smith and Alexandra Merrett tackle the cellophane fallacy and the Cement Australia case: see 'Unwrapping a fallacy: market definition, market power & cellophane' (June 2014).
]]> Tue, 01 Jul 2014 09:04:45 +1000 http://www.australiancompetitionlaw.org/news.html A bit of media on price signalling laws and the Harper Review. First John Durie's 'Call to scrap laws on price signalling' discusses several submissions to the Harper Review, covering a range of issues, including price signalling. Next, David Ramli discusses Telstra's calls to remove price signalling rules: David Ramli, 'Telstra calls to say no to price signalling laws' (The Australian Financial Review, 30 June 2014) and then comes the ACCC's opposition to the Telstra's opposition in David Ramli's 'ACCC hits back at Telstra' (Brisbane Times, 30 June 2014)
]]> Mon, 30 Jun 2014 09:03:41 +1000 http://www.australiancompetitionlaw.org/news.html A further 76 submissions to the Harper Review have been released today. This brings the total non-confidential submissions released to 236. The submissions page on the Review website has also changed again - submissions can be viewed here. My overview of submissions (other than the 76 just released) can be found on my Harper Review page.
]]> Fri, 27 Jun 2014 15:08:18 +1000 http://www.australiancompetitionlaw.org/news.html Dave Poddar has an opinion piece in today's AFR. See Dave Poddar, 'Competition holds key to productivity' (The Australian Financial Review, 27 June 2014, page 42). See also Alan Mitchell, 'Abbott must promote competition' (The Australian Financial Review, 25 June 2014, page 42) Fri, 27 Jun 2014 15:07:58 +1000 http://www.australiancompetitionlaw.org/news.html The decision of the Australian Competition Tribunal (Justice Mansfield, Mr Latta and Prof Round) is now available: view Application for Authorisation of Acquisition of Macquarie Generation by AGL Energy Limited [2014] ACompT 1 (the Word document is a 5MB download and the decision runs to 117 pages)
]]> Fri, 27 Jun 2014 09:49:23 +1000 http://www.australiancompetitionlaw.org/news.html The Australian Competition Tribunal has granted conditional authorisation for AGL's proposed acquisition of Macquarie Generation. The decision is not yet available on the Tribunal page. The ACCC has expressed disappointment at the decision, believing the proposed acquisition will have significant implications for competition in electricity markets. See also Maggie Lu Yueyang, 'Regulator overturns ban on AGL's MacGen buy' (Business Spectator, 25 June 2014), Anthony Klan and Andrew White, 'Watchdog warns of energy price rise as AGL deal gets nod' (The Australian, 26 June 2014) and John Durie, 'Panel's decision a huge blow to Sims' (The Australian, 26 June 2014) Wed, 25 Jun 2014 18:58:49 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released its submission to the Harper Review ('Reinvigorating Australia's Competition Policy'). Key recommendations relate to misuse of market power (advocates effects test) and price signalling (advocates expansion). See press release. A full list of published submissions is available from the Competition Policy Review site. I am also in the process of summarising submissions and issues discussed on my Harper Review page.
]]> Wed, 25 Jun 2014 15:57:52 +1000 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has spoken (view speech) at the CEA State of the Nation Conference in Canberra today on the opportunity provided by the Harper Review to 'reinvigorate Australia's competition culture. See ACCC, 'Reinvigorate our competition culture says ACCC Chairman' (Press Release, 23 June 2014).
]]> Mon, 23 Jun 2014 10:03:48 +1000 http://australiancompetitionlaw.org/news.html A further 26 submissions have been released on the Harper Review website (somewhat unhelpfully this has also changed the link to the submissions). More are expected next week, including those from BCA, ACCC and ASIC.
]]> Fri, 20 Jun 2014 16:00:30 +1000 http://www.australiancompetitionlaw.org/news.html Flight Centre has unsuccessfully attempted to stay orders for payment of $11 fine imposed by the Court in March (see judgment). Justice Rangiah: see Flight Centre Limited v Australian Competition & Consumer Commission [2014] FCA 658. Justice Rangiah noted that the 'assumption that the Court should not deprive a litigant of the benefit of a judgment is not relevant where a stay is sought of an order imposing a pecuniary penalty' (para 10) because a pecuniary penalty order is not a 'benefit' tot he ACCC, but rather has the primary object of deterrence. However, Rangiah J rejected the 'proposition that the mere commencement of an appeal against an order imposing apecuniary penalty is, in the absence of prejudice to the respondent, enough to warrant a stay of the order pending the appeal.' (para 14) His Honour concluded: 'The mere fact that Flight Centre was required to pay the pecuniary penalty in accordance with the order made by the primary judge was not enough, in my opinion, to warrant a stay. The position might have been different if Flight Centre had alleged and demonstrated some particular prejudice or difficulty in complying with the orders. It did not.' (para 19)
]]> Fri, 20 Jun 2014 09:48:41 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has temporarily allowed Victorian country taxi operaters to work in co-operatives to enable them to 'agree the maximum prices for their cooperative network when state pricing laws change from 30 June'. See 'ACCC permits Victorian country taxi co-ops to agree prices in the short term' (ACCC Press Release, 19 June 2014). View authorisation register.
]]> Thu, 19 Jun 2014 10:03:32 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has proposed to grant authorisation for Rio Tinto, Peabody and Pacific National to coordinate transportation of coal in the Goonyella Coal Chain'. View ACCC Press release. View authorisation register.
]]> Thu, 19 Jun 2014 10:03:13 +1000 http://australiancompetitionlaw.org/news.html Today's AFR has an item on the Harper Review - Nassim Khadem, 'Hilmer review part 2' (The Australian Financial Review, 18 June 2014, p 40). Notes that many of the submissions to the review focus on protecting competitors not competition. However, notes many key submissions are not yet in - including BCA, ACCC, ASIC and state governments and agencies who have until June 27 to make submissions. The current 134 submissions can be viewed here. I have also created a table detailing the submissions here - a surprising number focus on secondary boycott exemptions!
]]> Wed, 18 Jun 2014 16:00:13 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has issued a draft determination proposing to reauthorise the Lottery Agents Association of Victoria to collectively bargain on behalf of its members with Victorian lotteries providers for ten years'. View press release.
]]> Wed, 18 Jun 2014 10:02:00 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has granted authorisation for Metropolitan Melbourne Waste Management Group and eight metropolitan Melbourne councils to jointly tender and enter into contracts for the supply of organic waste processing services.' View press release. View authorisation register.
]]> Wed, 18 Jun 2014 10:01:40 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has granted authorisation for 'Renewal SA to sell a section of a development site in Bowden, South Australia to Investec' - the arrangement will see Renewal and Investec setting maximum rental prices and minimum sales prices and 'apply restrictive criteria for eligible participants. The ACCC consider the arrangement 'may increase the amount of affordable housing available to those people who cannot access social housing or are excluded from the general housing market in metropolitan Adelaide'. View press release. View authorisation register.
]]> Wed, 18 Jun 2014 10:01:19 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has proposed 'to reauthorise an agreement between members of the FeeSmart ATM sub-network to not charge each other’s cardholders a fee for transactions at ATMs owned by members'. View press release. View authorisation register.
]]> Wed, 18 Jun 2014 10:00:31 +1000 http://australiancompetitionlaw.org/news.html The first 143 non-confidential submissions made to the Harper Review are now available from the Review website.
]]> Fri, 13 Jun 2014 15:59:50 +1000 http://australiancompetitionlaw.org/news.html The ACCC will oppose the proposed acquisition by Healthscope Ltd of the Brunswick Private Hospital. ACCC Chairman, Rod Sims, said that the 'proposed acquisition would result in Healthscope acquiring its closest and most significant competitor for the supply of private rehabilitation services in northern Melbourne' and removal of the Brunswick Private Hospital as an independent competitor 'would be likely to result in a substantial lessening of competition'. See press release. See merger register. A public competition assessment is expected ... eventually.
]]> Thu, 12 Jun 2014 10:57:13 +1000 http://australiancompetitionlaw.org/news.html Submissions to the Harper Review were due yesterday. They are not yet available on the review website but have been promised soon. In the meantime, some organisations have published their submissions, including CHOICE - their submission can be found here. It makes 26 recommendations, including either removing price signalling laws or applying them universally (recommendation 17), conducting regular independent reviews of ACCC merger decisions (recommendation 15), giving consideration to simplifying competition laws and processes (recommendation 16), repealing s 51(3) of the Act (axing the 'Australia tax') (recommendation 3) and, generally, recommending that any future policy reform agenda 'prioritise consumer welfare as its overarching objective' (recommendation 1). See further, CHOICE, 'Time to axe the 'Australia tax'' (11 June 2014). Arnold Bloch Leibler and Master Builders Australia have also published their submissions.
]]> Wed, 11 Jun 2014 10:56:49 +1000 http://australiancompetitionlaw.org/news.html The ACCC has authorised 'royalty managers for plant breeders to collectively negotiate with the grain buyers they engage to collect royalties on their behalf.' View press release. View authorisation register.
]]> Wed, 11 Jun 2014 10:56:33 +1000 http://australiancompetitionlaw.org/news.html The latest Australian Journal of Competition and Consumer Law (Volume 22 Part 2, June 2014) was released recently and includes the following articles and notes:
• Graeme Samuel AO - A tribute to Ron Bannerman, the father of Australian competition law
• Mark Lewis - Supermarket private labels: Consumer dream or nightmare in disguise?
• James Laman and Marina Nehme - Section 46 of the Competition and Consumer Act: The need for change
• Hank Spier - Politics and the administration of the Australian competition and consumer law
• John Hedge and Rowan Kendall - Access to Services - Productivity Commission’s final report on the national access regime produces more prickly issues for the root and branch review
• Case Notes (ACCC v Cement Australia Pty Ltd and ACCC v Flight Centre Ltd)
• Alex Sundakov, Economic(s) Matters - What is the magic of market definition?
• Debra Wilson, Report from New Zealand - Reflecting on cardboard boxes and air cargo: The latest New Zealand cartel cases reach conclusion
]]> Wed, 11 Jun 2014 10:56:05 +1000 http://australiancompetitionlaw.org/news.html John Durie has an item in today's Australian regarding the Harper Review (first round of submissions due today). In it he outlines 'three key areas' of focus identified by Harper in an interview with the Australian. See John Durie, 'Three key areas to help firms compete' (The Australian, 10 June 2014, page 17)
]]> Tue, 10 Jun 2014 12:04:09 +1000 http://australiancompetitionlaw.org/news.html The Federal Court has approved a $38m settlement in in a class action suit against the air cargo cartel. See Maurice Blackburn, 'Australia's fourth cartel class action settles today for $38m'.
]]> Fri, 06 Jun 2014 12:03:50 +1000 http://australiancompetitionlaw.org/news.html Moses and Paul Obeid have filed an application (NSD490/2014) in the Federal Court challenging s 155 notices issued to them by the ACCC as part of the ACCC's investigation into alleged cartel conduct relating to the 2009 tender process for an exploration mining licence over the Mount Penny coal tenement in the Bylong Valley. View press release. The application was filed on 20 May and heard before Justice Farrell on 6 June. Judgment has been reserved. Plenty of media. See, for example, Michaela Whitbourne, 'ACCC investigates Moses Obeid and Paul Obeid for cartel conduct over coal deal' (SMH, 6 June 2014). AAP, 'Obeid lawyers try to halt ACCC probe' (The Australian, 6 June 2014) and John Durie, 'Obeids test case rich in irony' (The Australian, 6 June 2014)
]]> Fri, 06 Jun 2014 12:03:31 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has reauthorised the Australasian Performing Right Association’s (APRA) arrangements for the acquisition and licensing of performing rights in music, subject to certain conditions', including requiring APRA to 'produce a comprehensive plain English guide to its licences, as well as a guide that increases awareness of the licence back and opt out provisions' and 'to implement a new alternative dispute resolution (ADR) scheme that will be independent, affordable and practical for a range of disputes and applicants'. See press release. See authorisation register.
]]> Fri, 06 Jun 2014 12:03:13 +1000 http://australiancompetitionlaw.org/news.html The ACCC has reauthorised an industry code of practice for face-to-face energy sales by electricity and gas retailers. The authorisation runs for five years. See press release. See authorisation register.
]]> Fri, 06 Jun 2014 12:02:46 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has released a Statement of Issues outlining competition concerns with the proposed acquisition by Elgas Limited of Wesfarmers Kleenheat Gas Pty Ltd’s east coast LPG business.' Interested parties have until 26 June to make a submission. See press release. See merger register.
]]> Thu, 05 Jun 2014 12:02:26 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination 'proposing to allow the Victorian Association of Newsagents (VANA) to negotiate on behalf of its members with six magazine and newspaper publishers.' Interested parties may make submissions on the draft until 20 June 2014. See press release. See authorisation register.
]]> Thu, 05 Jun 2014 12:02:08 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'is proposing to re-authorise the brick and block manufacturing industry to continue to apply a levy on the sale of clay brick and concrete masonry products.' This levy adds approximately $15 to the cost of building an average house. The ACCC considers that the programs funded by the levy 'help address the problem of a shortage of bricklayers, by making it easier to take on an apprentice, which will encourage more bricklayers to do so'. The ACCC now seeks further submissions from interested parties (see para 26 draft determination - no timeline provided). View press release. View authorisation register.
]]> Thu, 05 Jun 2014 12:01:46 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted 'granted authorisation to the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) to implement collective bargaining arrangements for translator and interpreter members who operate as independent contractors.' See press release. See authorisation register.
]]> Wed, 04 Jun 2014 12:01:27 +1000 http://australiancompetitionlaw.org/news.html ACCC Commissioner, Dr Jill Walker, addressed the Swinburne Aviation Industry Conference in Melbourne today, discussing the ACCC's role and interest in the industry. See press release. Speech not yet available from ACCC speeches page. See also Susan Zhuang, 'Creating an even plane field' (In Competition, 5 June 2014)
]]> Wed, 04 Jun 2014 12:01:07 +1000 http://australiancompetitionlaw.org/news.html Jax Arnold at In Competition has had fun with the ACCC's latest proceedings against Australian Egg Corporation Limited, discussing the 'egg-citing' news out of the Federal Court relating to the ACCC's allegations of an 'Eggsplosive' cartel attempt. See Jax Arnold, 'ACCC Cracks Down on Eggsplosive Cartel Attempt' (In Competition, 29 May 2014)
]]> Thu, 29 May 2014 12:00:50 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has granted authorisation to Bankstown, Fairfield, Parramatta and Liverpool councils to tender jointly for services to process ‘household clean-up’ waste'. See press release. See authorisation register.
]]> Thu, 29 May 2014 12:00:32 +1000 http://australiancompetitionlaw.org/news.html The ACCC propses to grant authorisation enabling members of the NSW Farmers' Association 'who grow chicken, turkey and duck meat, to collectively bargain with processors'. See ACCC press release. See authorisation register. Submissions on the draft determination may be made until 11 June 2014.
]]> Thu, 29 May 2014 12:00:10 +1000 http://australiancompetitionlaw.org/news.html The ACCC has instituted proceedings in the Federal Court alleging that Australian Egg Corporation Limited (AECL) (and its managing director and two directors) and two egg producing companies, Ironside Management Services Pty Ltd (T/A Twelve Oak Poultry) and Farm Pride Foods Limited attempted to induce egg producers who were members of AECL 'to enter into an arrangement to cull hens or otherwise dispose of eggs, for the purpose of reducing the amount of eggs available for supply to consumers and businesses in Australia'). It is alleged that this conduct took place after the introduction of the new cartel laws. The ACCC is seeking declarations, injunctions, pecuniary penalties, orders that involved parties establish and maintain a compliance program, adverse publicity orders, community service orders and disqualification from directorship for the three directors alleged to be involved. See the ACCC's press release.
]]> Wed, 28 May 2014 15:34:28 +1000 http://australiancompetitionlaw.org/news.html The paper presented by Justice Steven Rares at this year's Competition Law Conference is now available online. In it, his Honour traverses some of the history of the Act and attacks its current complexity (paying particular attention to the cartel provisions), noting (in part) that as 'a society, it is time for us to question why Australian legislation has become so bulky and impenetrable' (para 57). See Justice Steven Rares, 'Competition, Fairness and the Courts' (Competition Law Conference, 24 May 2014).
]]> Wed, 28 May 2014 15:34:13 +1000 http://australiancompetitionlaw.org/news.html There has been some media lately on the proposed AGL acquisition of MacGen following the ACCC's 152-page report to the Tribunal last Thursday. Para 1.2 of the ACCC's report states its position:

The ACCC considers that the proposed acquisition of the assets of Macquarie Generation (Macquarie Generation) by AGL Energy Limited (AGL) would result, or be likely to result, in a small public benefit. Against this, the ACCC considers that the proposed acquisition would result, or be likely to result, in substantial public detriment constituted by a lessening of competition, due to raised barriers to entry and expansion for smaller electricity retailers in NSW and a material risk of increased generator market power. As a result of this likely lessening of competition, the proposed acquisition is likely to mean that consumers will pay more for electricity, receive lower quality service and be offered less choice.

For media see, for example, Brian Robins, 'AGL MacGen buy would cut competition and now lower prices, warns ACCC' (Sydney Morning Herald, 26 May 2014) and Maggie Lu Yueyang and Miranda Maxwell, 'ACCC says AGL conditions for MacGen buy 'inadequate'' (The Australian, Business Spectator, 26 May 2014)

]]> Mon, 26 May 2014 12:09:52 +1000 http://australiancompetitionlaw.org/news.html Terrific Competition Law Conference again this year; thanks to Christopher Hodgekiss for putting together another great programme.
]]> Sun, 25 May 2014 12:09:33 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has issued a draft determination proposing to grant authorisation for Metropolitan Melbourne Waste Management Group and eight metropolitan Melbourne councils to jointly tender and enter into contracts for the supply of organic waste processing services.' See press release.
]]> Thu, 22 May 2014 12:09:12 +1000 http://australiancompetitionlaw.org/news.html The ACCC has announced that it will not oppose the proposed acquisition by Caltex of the fuel division of the Scotts Group, subject to an undertaking by Caltex to sell four retail fuel sites. See press release. See merger register.
]]> Thu, 22 May 2014 12:08:55 +1000 http://australiancompetitionlaw.org/news.html The ACCC and MOFCOM have signed an MOU relating to communication and cooperation between the agency on mergers affecting both Australian and Chinese markets. See press release. See further John Durie, 'ACCC's China deal a door-opener' (The Australian, 22 May 2014)
]]> Thu, 22 May 2014 12:08:37 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted two authorisations issued a draft determination proposing a third. The authorisations relate to:
• collective bargaining by the Victorian Association of Newsagents in relation to public lotteries. The authorisation has been granted for 10 years. See press release. See authorisation register.
• re-authorisation of the Mortgage and Finance Association of Australia's Disciplinary Rules until June 2019. See media release. See authorisation register.

The draft determination proposes to authorise Renewal SA to 'sell a section of a development site in Bowden, South Australia to Investec on the condition that 40 per cent of the dwellings are developed as ‘affordable housing’ supplied at below market rates.' See media release. See authorisation register.

]]> Wed, 21 May 2014 12:08:00 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released its March 2014 quarterly report. See press release. In relation to competition law matters it highlights the Flight Centre penalty, proceedings instituted against Pfizer and against Woolworths and Coles in relation to their shopper docket enforceable undertakings. The report also notes:
• there were 14 competition law enforcement proceedings during the quarter; 11 carried over from last quarter, three new cases were commenced (Pfizer, Coles and Woolworths) and one was concluded (Flight Centre);
• the ACCC did not accept any section 87B undertakings for alleged competition breaches in the quarter;
• the ACCC reviewed 69 merger matters in the quarter. Of these, 53 were dealt with through pre-assessment, 11 were not opposed following review (including IAG's proposed acquisition of Wesfarmers' insurance underwriting business), one was withdrawn, two were opposed (AGL Energy Ltd - Macquarie Generation (AGL has now applied for authorisation) and Sonic Healthcare - Delta Imaging Group) outright and two were resolved through undertakings. Two SOI's were issued this quarter - the first related to AGL Energy and the other related to Heathscope Ltd's proposed acquisition of Brunswick Private Hospital (decision pending - delayed at request of Healthscope);
• three interim authorisation decisions, four draft authorisation decisions and eight final authorisation determinations were made during the quarter;
• 157 exclusive dealing notifications (for 116 proposals) were lodged during the quarter; all that were considered this quarter were allowed to stand. There were two collective bargaining notification (relating to one proposal), by Australian Wagering Council Ltd. The ACCC issued a draft objection notice and the AWC subsequently withdrew the notifications;
• the ACCC continues to investigate information sharing by fuel companies (ongoing since 3 May 2012) and online competition;
• A total of 51,551 complaints and enquiries were received by the ACCC in the quarter; 108 of these were escalated for assessment with 25 resulting in in-depth investigation. Approximately 599 (or 1.16%) of complaints related to anti-competitive practices. Of these the most complaints related to misuse of market power (103) and exclusive dealing (66). The vast majority of complaints related to scams (39.4%) or ACL matters (27.44%).

More about the ACCC's activities, including in relation to access matters, fuel monitoring and international engagement can be found in the report.

]]> Wed, 21 May 2014 14:34:13 +1000 http://australiancompetitionlaw.org/news.html John Durie has a good piece on yesterday's Baxt Lecture in today's Australian - see John Durie, 'Harper herding pet policy barrows' (The Australian, 20 May 2014).
]]> Tue, 20 May 2014 20:02:34 +1000 http://australiancompetitionlaw.org/news.html Terrific 5th Annual Baxt Lecture delivered by John Fingleton today on the topic 'Economics in the design and implementation of competition policy'. An audio recording of the lecture is available from the website. This was followed by an expert panel discussion discussing Australia's Competition Policy Review. The panel comprised Professor Allan Fels AO, Professor Henry Ergas, Professor Stephen King and Professor Philip Williams and involved some interesting discussion around the issues raised by the current review.
]]> Mon, 19 May 2014 20:32:52 +1000 http://australiancompetitionlaw.org/news.html The latest issue of The State of Competition (Issue 17) is out now and is dedicated to the Harper Review (Alexandra Merrett, Rachel Trindade and Rhonda Smith, 'The Harper Review: what they are talking about and how to join in'). As well as providing a very useful overview of the review and its key issues, this issue also provides some guidance to those looking to lodge a submission. As always, not to be missed. See also The State of Competition Website for past issues.
]]> Thu, 15 May 2014 22:57:13 +1000 http://australiancompetitionlaw.org/news.html ASIC's budget has been slashed but the ACCC received a boost (mainly associated with carbon tax repeal monitoring) in yesterday's budget. See Andrew White, 'Taxman’s turn to feel pain as ACCC boosted' (The Australian, 14 May 2014). See also budget paper 2 ('The Government will provide funding of $68.5 million over four years from 2014-15 to the [ACCC] to fund its operations. This funding will assist the ACCC to monitor prices and protect consumer interests in relation to the repeal of the carbon tax. ... This funding is in addition to the $25.3 million provided in the 2013-14 Additional Estimates for the ACCC to fund its operating costs in 2013-14. ...')
]]> Wed, 14 May 2014 11:57:13 +1000 http://australiancompetitionlaw.org/news.html The Federal Court handed down its decision in ACCC v NSK Australia Pty Ltd [2014] FCA 45 yesterday. Justice Edmonds imposed a pecuniary penalty in the sum of $3 million on NSK relating to contraventions of s 45(2) (making and giving effect to price fixing conduct in relation to ball bearings). NSK admitted the arrangements or understandings in question containing provisions to which s 45A applied and that s 45 was, as a result, contravened (the relevant conduct took place before the introduction of the current cartel laws). NSK and the ACCC. The ACCC and A-NSK also reached agreement as to the suggested penalty and the Court accepted that the penalty of $3m was 'within a range that, unaided by the parties’ views, is appropriate' (para 60). See also ACCC press release.
]]> Wed, 14 May 2014 10:57:13 +1000 http://australiancompetitionlaw.org/news.html Hannah Luxford has posted on the King&Wood Mallesons Blog, In Competition about the current Harper Review, discussing recent comments made by the Minister for Small Business. See Hannah Luxford, 'An economy based on merit, not muscle' (12 May 2014).
]]> Mon, 12 May 2014 11:57:13 +1000 http://australiancompetitionlaw.org/news.html Minister for Small Business, The Hon Bruce Billson MP, has delivered a speech to the Committee for Economic Development of Australia discussing the current Competition Policy Review.
]]> Fri, 09 May 2014 12:01:53 +1000 http://australiancompetitionlaw.org/news.html Tamara Hunter has posted on the King&Wood Mallesons Blog, In Competition about cartel reforms in the UK and Australia. See 'CMA, SFO, MOU, ACCC, CDPP ... What does it all mean?' (9 May 2014)
]]> Fri, 09 May 2014 11:56:54 +1000 http://australiancompetitionlaw.org/news.html Nick McHugh and Claire Forster from Norton Rose Fulbright have a neat item on 'M&A risk from ACCC Statement of Issues' - it includes useful statistics on merger clearances (SOI's issues, opposed/not opposed/conditional clearance etc)
]]> Fri, 09 May 2014 11:48:28 +1000 http://australiancompetitionlaw.org/news.html The ACCC had lodged a cross appeal in relation to the Flight Centre judgment, claiming the $11m penalty imposed on Flight Centre did not provide adequate deterrence. View ACCC press release.
]]> Thu, 08 May 2014 11:48:06 +1000 http://australiancompetitionlaw.org/news.html The ACCC will 'will not oppose the proposed acquisition by Peregrine Corporation (Peregrine) of BP Australia's (BP) company- owned and operated retail petrol station sites in South Australia, after accepting a court-enforceable undertaking.' The review process commenced on 15 May 2013. It was suspended on two occasions to allow parties to provide further information. View press release. View merger register.
]]> Thu, 08 May 2014 11:47:29 +1000 http://australiancompetitionlaw.org/news.html Pat McGrath interviewed Rod Sims and Alexandra Merrett about the ACCC's allegation of unconscionable conduct against Coles. See 'ACCC adopts new approach in challange to supermarket power' (PM with Mark Colvin, 5 May 2014)
]]> Tue, 06 May 2014 15:25:11 +1000 http://australiancompetitionlaw.org/news.html The ACCC has launched an action against Coles alleging unconscionable conduct in relation to its Active Retail Collaboration program. Not a Part IV matter, but because both supermarkets and unconscionable conduct feature in the Competition Policy Review it's worth a mention. See ACCC press release. See also Eli Greenblat, 'ACCC takes action against Coles over alleged treatment of suppliers' (SMH, 5 May 2014)
]]> Mon, 05 May 2014 15:24:52 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to allow the Australian Newsagents' Federation to negotiate on behalf of members. See ACCC press release.
]]> Thu, 01 May 2014 15:24:33 +1000 http://australiancompetitionlaw.org/news.html The ACCC has recently published a 3-page 'factsheet' on mergers: 'What you need to know about: the ACCC's approach to merger reviews, including local markets' (April 2014). Target audience appears to be consumers.
]]> Sat, 26 Apr 2014 15:24:16 +1000 http://australiancompetitionlaw.org/news.html Today's editorial in the SMH discusses the recent shopper docket saga, claiming 'a concern that Coles and Woolworths now have a perfectly legal way to avoid the spirit of an agreement they made last year to limit these discounts to 4c litre.' See 'Shopper dockets may be good for consumers but harm petrol retailers' (SMH, 25 April 2014).
]]> Fri, 25 Apr 2014 15:23:35 +1000 http://australiancompetitionlaw.org/news.html There's a neat little summary of the recent petrol pricing saga between the ACCC, Coles and Woolworths from Michael Bradley and Kiran Bath at Marque Lawyers, including the following observation: "Does this strike you as something only lawyers could dream up and then approve with a self - satisfied and somewhat cynical smirk? If so, you'd be right.": see, Michael Bradley and Kiran Bath, 'The Coles and Woolies petrol discount saga - are they in trouble or not?' (Marque Update, 22 April 2014)
]]> Thu, 24 Apr 2014 09:27:32 +1000 http://australiancompetitionlaw.org/news.html Joaquín Almunia, Vice President of the European Commission responsible for Competition Policy, has opened the 13th ICN annual conference in Marrakech. He states, amongst other things, '... co-ordinating our efforts in individual cases is not enough. With the rapid growth of competition regimes around the world, the risk for conflicting outcomes is real and must be addressed in a multilateral setting. I believe that the ICN is the perfect venue to minimise this risk and promote common standards for our procedures, policies and goals.' (View speech) ACCC Chairman, Rod Sims, will be a panelist on the Merger Working Group Plenary: International Cooperation in Merger Cases session tomorrow and will also speak at the Closing Ceremony. The special project for this year's conference is competition enforcement in relation to State Owned Enterprises.
]]> Thu, 24 Apr 2014 09:27:17 +1000 http://australiancompetitionlaw.org/news.html The team at Jones Day have a brief note on the ACCC's recent action against leading suppliers of laundry products. See: Sébastien J. Evrard, John C. Lin, David Longstaff, Hiromitsu Miyakawa, Shinya Watanabe, Nick Taylor, Peter Wang and Yizhe Zhang, 'ACCC Pursues A "Knowingly Concerned" Accessory To A Cartel' (Jones Day, 22 April 2014, Mondaq)
]]> Tue, 22 Apr 2014 09:26:58 +1000 http://australiancompetitionlaw.org/news.html A group of airlines, including Qantas, have agreed to pay (collectively) $38m to settle a class action relating to price fixing. The settlement in subject to court approval and involves no admission of liability. See, for example, Trevor Chappell, 'Prominent airlines pay $38m to settle a class action' (Herald Sun, 17 April 2014) and Georgia Wilkins, 'Qantas, four other airlines to pay $38m in air-freight rigging case' (SMH 18 April 2014)
]]> Fri, 18 Apr 2014 09:26:37 +1000 http://australiancompetitionlaw.org/news.html Flight Centre lodged an appeal against the Federal Court's judgment in ACCC v Flight Centre Limited (No 2) [2013] FCA 1313 and against the penalties subsequently imposed. In its statement to the ASX Flight Centre indicates that it 'believes the judgment contains 'errors and inappropriate extensions of the law' and that the 'penalties are manifestly excessive'.
]]> Thu, 17 Apr 2014 09:26:18 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation to a group of Queensland coal producers, known as the RG Tanna Coal Export Terminal Producers (the applicants), to collectively negotiate with Gladstone Ports Corporation (GPC). See ACCC press release. See authorisation register.
]]> Wed, 16 Apr 2014 09:25:56 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to authorise the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) to collectively bargain on behalf its translator and interpreter members who operate as independent contractors.' See ACCC press release. See authorisation register.
]]> Wed, 16 Apr 2014 09:25:36 +1000 http://australiancompetitionlaw.org/news.html An importer an wholesaler of kitchenware products, including KitchenAid mixers, has provided court enforceable undertakings to the ACCC in respect of resale price maintenance conduct. See ACCC press release.
]]> Wed, 16 Apr 2014 09:25:06 +1000 http://australiancompetitionlaw.org/news.html The Issues Paper (which runs to 59 pages) for the Harper Review was released yesterday and is open for submissions until 10 June 2014. The issues paper begins with a message from the panel which states that "it is now time for 'Hilmer Mark II' and noting that they will be 'examining the broader competition framework, to make sure that it can contribute to the Australian economy for the next 20 years.'

A fact sheet has also been released. This sets out an indicative timeline for review (draft report due September 2014). Plenty of media. See further, Joanna Mather, 'Review to examine price gouging on technology' (Australian Financial Review, 14 April 2014), Peter Martin, 'Standard of living key to competition review, says Professor Ian Harper' (15 April 2014, The Age)

]]> Tue, 15 Apr 2014 19:35:47 +1000 http://australiancompetitionlaw.org/news.html The Federal Court yesterday found Woolworths breached its undertaking on fuel shopper dockets from January - March this year, because its 8 cents per litre discount was contingent on acquiring Woolworths supermarket goods or services. Woolworths changed its discount structure following the ACCC's Federal Court action. Coles, on the other hand, was found not to have breached their agreement, because the higher discounts were funded primarily though Coles Express stores. The ACCC expressed disappointment that 'the Court has found that Coles and Woolworths can bundle a supermarket fuel offer with a petrol station offer'. See ACCC press release.

See, eg, Amy Bainbridge, 'Woolworths found to have breached ACCC fuel dockets deal' (ABC, 14 April 2014), Blair Speedy, 'Extra supermarket fuel discount offers can continue, court rules' (The Australian, 14 April 2014), Mitchell Neems, 'ACCC welcomes Woolworths decision' (The Australian, 14 April 2014), Simon Thomsen, 'Woolies busted by competition watchdog after breaking promise on fuel discounts' (Business Insider, 14 April 2014) and Stephen Bartholomeusz, 'Discounting a hollow shopper-docket victory' (Business Spectator, 14 April 2014) (noting that the case did not investigate whether the conduct actually impacted competition and claiming that the fact that the ACCC has never sought to make the SLC case 'probably signals it doubts that case could be made')'. The judgment is not yet available from AustLII.

]]> Tue, 15 Apr 2014 09:36:04 +1000 http://australiancompetitionlaw.org/news.html Informed Sources has released a new petrol price app. No doubt this has been done, in part, to end the ACCC's investigation into its practises (the ACCC has said its investigation would conclude by June 30 this year - more than two years after it began); at $2.49 per download, the app may also earn them a tidy sum. See, eg, John Rolfe, 'Cheaper petrol just a click away with new smartphone app' (14 April 2014)
]]> Mon, 14 Apr 2014 09:35:47 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released a draft of its new Immunity and Cooperation Policy for Cartel Conduct. See press release. See consultation hub. Closing date for submissions is 7 May 2014. This follows an earlier consultation that ran from 30 September 2013 to 28 October 2013.
]]> Wed, 09 Apr 2014 11:45:08 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation to Northern Sydney Regional Organisation of Councils (NSROC) and member councils to 'tender and contract jointly for the transfer, processing and disposal of household waste.' View press release. View authorisation register.
]]> Wed, 09 Apr 2014 11:44:53 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has authorised Victoria’s electricity distributors to maintain an accreditation scheme for civil contractors for underground civil works on electrical infrastructure.' View press release. View authorisation register.
]]> Wed, 09 Apr 2014 11:44:35 +1000 http://australiancompetitionlaw.org/news.html Alan Kohler and Stephen Bartholomeusz have interviewed ACCC Chair, Rod Sims. In the interview Sims defends the current structure of the ACCC, discusses competition in education and sectors in which competition is restricted (such as newsagents and pharmacies), discusses the relationship between big and small business and denies excessive focus on supermarkets (blaming the media for this perceived focus) See also Mitchell Neems, 'Sims denies excessive supermarket focus' (Business Spectator, 7 April 2014).
]]> Mon, 07 Apr 2014 11:44:12 +1000 http://australiancompetitionlaw.org/news.html The ACCC will not oppose the proposed acquisition of the tollroad and assets held by Queensland Motorways Groupby a Transurban-led consortium. The ACCC concluded that the acquisition would be unlikely to substantially lessen competition. View ACCC press release. View merger register.
]]> Fri, 04 Apr 2014 10:54:34 +1000 http://australiancompetitionlaw.org/news.html The ACCC has invited submissions 'from interested parties in the bulk wheat export industry on CBH’s proposed new Port Terminal Services Access Undertaking'. Submissions are due by 30 April 2014. See ACCC press release. See Issues paper and related documents.
]]> Fri, 04 Apr 2014 10:54:17 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has said the ACCC will look very closely at the proposal by Boral and CSR to combine their east coast brick operations. See, John Durie, 'ACCC won't like Boral, CSR brick merger plan' (The Australian, 4 April 2014) and Tim Binsted, Max Mason, 'Boral, CSR hope to seal brick-clad deal to shore up the joint' (The Sydney Morning Herald, 5 April 2014)
]]> Fri, 04 Apr 2014 10:53:57 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released its annual Airport Monitoring Report for 2012-2013. If found that airports continue to be profitable but only one airport achieved a higher than 'satisfactory' quality of service rating and there were continued signs of congestion. View ACCC press release.
]]> Thu, 03 Apr 2014 10:53:40 +1000 http://australiancompetitionlaw.org/news.html The ACCC has:
• granted interim authorisation to four Sydney councils to commence a joint tender for household cleanup waste. See ACCC press release. See authorisation register.
• granted interim authorisation to three Tasmanian councils to commence a joint tender for the processing of recyclable materials. See ACCC press release. See authorisation register.
• issued a draft determination proposing to grant authorisation 'enable current and future members of the Australian CFD Forum to make and give effect to a number of proposed best practice standards in the provision of contracts for difference (CFD).' Para 67 states: 'The ACCC will now seek further submissions from interested parties. In addition, the applicant or any interested party may request that the ACCC hold a conference to discuss the draft determination, pursuant to section 90A of the Act'. However, no deadline or timeline for final decision is provided. View press release. See authorisation register.
]]> Wed, 02 Apr 2014 10:53:18 +1000 http://australiancompetitionlaw.org/news.html Alexandra Merrett has a new opinion piece in the Conversation today discussing the Harper review: see Alex Merrett, 'An ambitious agenda for Harper’s competition review ' (The Conversation, 1 April 2014)
]]> Tue, 01 Apr 2014 10:53:03 +1000 http://australiancompetitionlaw.org/news.html The BCA has welcomed the release of the final terms of reference of the competition policy review. BCA Chief Executive, Jennifer Westacott, stated that 'This review now provides the opportunity to reset Australia’s competition reform agenda to drive increased innovation, productivity and economic growth in future decades' and suggested that to do this the review must 'focus on removing poor and unnecessary regulation on business and focus on opportunities for more cost-effective administration of the law.' See also Competition Policy from 1992 to 2014: Presentation by Professor Fred Hilmer
]]> Sun, 30 Mar 2014 10:52:42 +1000 http://australiancompetitionlaw.org/news.html AGL's merger authorisation application is now available from the Australian Competition Tribunal Website. This includes the 95 page form S application (redacted in parts) and
]]> Sun, 30 Mar 2014 10:52:20 +1000 http://australiancompetitionlaw.org/news.html The panel and final terms of reference have finally been announced. As predicted, Prof Ian Harper will Chair the panel. He will be joined by Su McCluskey, Michael O'Brien SC and Peter Anderson. The Treasury Press Release states that the 'Harper Review' will 'help identify ways to build the economy and promote investment, growth, job creation and durable benefits for consumers'. See further Competition Policy Review website.
]]> Fri, 28 Mar 2014 23:19:27 +1100 http://australiancompetitionlaw.org/news.html Justice Logan in the Federal Court has ordered Flight Centre to pay an $11m fine for six incidents of attempting to induce price fixing in contravention of s 45 - these occurred between 2005 and 2009, prior to the introduction of the new cartel laws. The penalty comprised 4 x $2m penalties and 1 x $3m penalties. In trspect of the first contravention, Justice Logan held that, as it occurred more than six years prior to commencement of proceedings, no civil penalty was recoverable (s 77). The higher penalty for one of the contraventions recognised 'Mr Turner’s direct, personal involvement in that contravention.' (para 60)

Justice Logan also needed to consider the fact that some contraventions occurred prior to the increase in civil penalties which came into force on 1 January 2007; however, procedural failures prevented higher penalties from being considered (at para 25) 'Neither as originally cast nor by permitted amendment did the [ACCC's] statement of claim contain an allegation of any material fact necessary to engage a maximum penalty greater than $10 million in respect of any of the alleged contraventions.'

Flight Centre is expected to appeal both the principal judgment and the penalties.

See further:

• Penalty decision (ACCC v Flight Centre Limited (No 3) [2014] FCA 292 (28 March 2014))
• Principal judgment (ACCC v Flight Centre Limited (No 2) [2013] FCA 1313 (6 December 2013))
• ACCC Press Release
• For a useful discussion of the original judgment see: Rachel Trindade, Alexandra Merrett and Rhonda Smith, '2013: the year of waiting patiently' (The State of Competition, Issue 15 (Dec 2013))
• AAP, 'Flight Centre fined $11m for price fixing' (SBS, 28 March 2014)
• Sarah Kimmorley, 'Flight Centre Fined $11 Million for Price-Fixing' (Business Insider, 28 March 2014)
• 'Flight Centre fined $11 million for price fixing' (news.com.au, 28 March 2014)
]]> Fri, 28 Mar 2014 23:35:48 +1100 http://australiancompetitionlaw.org/news.html The Federal Court commenced hearing the Coles/Woolworths shopper docket case yesterday. Judgment has been reserved. This case relates to allegations by the ACCC (see ACCC press release) that Coles and Woolworths contravened their undertakings regarding the use of shopper dockets. See, for example, Elizabeth Knight, 'Coles, Woolies shopper-docket rumble going down in Federal Court' (SMH, 27 March 2014) Thu, 27 Mar 2014 11:35:25 +1100 http://australiancompetitionlaw.org/news.html AGL Energy has applied for authorisation in relation to its proposed takeover of Macquarie Generation. This follows a refusal by the ACCC to grant informal clearance for the merger earlier this month. See AGL Press Release. See also AAP, 'AGL to fight rejected MacGen buy' (The Australian, 25 March 2014) and Angela Macdonald-Smith, 'AGL appeals ACCC veto of $1.5b Macquarie Generation takeover' (Sydney Morning Herald, 24 March 2014) (note this refers to an appeal and compares it to the AGL federal court case - it is, in fact, a separate application for authorisation rather than an appeal or application for declaration as in the earlier case). The application is not yet available from the Tribunal website.
]]> Tue, 25 Mar 2014 16:09:54 +1100 http://australiancompetitionlaw.org/news.html The State of Competition team has released Issue 16 - Australia's small business sector: "Not for the faint of heart". As always, a must read, particularly in light of the forthcoming root and branch review (if in fact it ever arrives).
]]> Tue, 25 Mar 2014 16:09:38 +1100 http://australiancompetitionlaw.org/news.html Lots of chatter about NBN in the bush at the moment, particularly following the ACCC's submission on 14 March 2014 (the last day for submissions). See 'Cost-Benefit Analysis and Review of Regulation' home page. See also John Durie, "Time for Turnbull to fill gaps in the bush" (The Australian, 19 March 2014), John Durie, 'Malcolm Turnbull's NBN stance has created giant headaches' (The Australian, 18 March 2014), Annabel Hepworth, 'ACCC pushes for end to NBN cross-subsidies' (The Australian, 18 March 2014) and for some diversity try Chris Duckett, 'Reverse handout: Regional group wants to co-invest in NBN' (ZDNet, 18 March 2014)
]]> Wed, 19 Mar 2014 16:09:14 +1100 http://australiancompetitionlaw.org/news.html John Leahmann has an item in the Sunday Telegraph about the effect of the Coles/Woolworths shopper-docket undertakings on fuel prices: see John Lehmann, 'Motorists hit with record petrol prices after ACCC attack on shopper dockets backfires' (The Daily Telegraph, 15 March 2014)
]]> Sat, 15 Mar 2014 16:08:48 +1100 http://australiancompetitionlaw.org/news.html In a speech to the National Consumer Congress in Sydney today ('Empowering consumers in the digital age') ACCC Chairman Ron Sims highlights 'price signalling' as an area for debate in the forthcoming root and branch review, claiming 'recent statements regarding airline capacity shows why these laws need to be extended to all sectors of the economy'. Current price signalling laws apply only to the banking sector. See Michael Janda, 'ACCC flags extension of price signalling ban, citing airlines' (ABC News).
]]> Thu, 13 Mar 2014 13:43:04 +1100 http://australiancompetitionlaw.org/news.html Today's AFR confirms Prof Ian Harper as front-runner for competition review. We are also told again that PM Abbott is 'close to finalising his short-list'.See Fluer Anderson, 'Harper tipped for review job' (The Australian Financial Review, 13 March 2014, page 15)

]]> Thu, 13 Mar 2014 12:43:04 +1100 http://australiancompetitionlaw.org/news.html In yesterday's Australian John Durie reported that Prof Ian Harper, partner at Deloitte Access Economics, is expected to be named head of the 'root and branch' competition review (see also today's Australian)

]]> Wed, 12 Mar 2014 12:43:04 +1100 http://australiancompetitionlaw.org/news.html The Federal Court has made declarations in ACCC v Cement Australia. These declarations follow interim declarations made on 10 September 2013. Justice Greenwood found that the respondents' conduct 'had the purpose and effect of preventing a competitor from entering the market by obtaining direct access to a source of flyash in South East Queensland' and, as a result, having the purpose and effect of substantially lessening competition.' View ACCC press release. View Federal Court decision.

]]> Tue, 11 Mar 2014 12:43:04 +1100 http://australiancompetitionlaw.org/news.html On Thursday Senator Nick Xenophon moved the introduction of the Competition and Consumer Amendment (Misuse of Market Power) Bill 2014. While the bill has no prospect of passage, if it did pass it would give the Court power to direct a corporation found guilty of a s 46 breach to reduce its market share. It is squarely directed at supermarkets. Senator Xenophon's second reading speech claims:

]]> Sat, 08 Mar 2014 12:43:04 +1100 http://australiancompetitionlaw.org/news.html There is an item in today's Austrlaian by David Crowe and Lauren Wilson (Economic gurus issue MPs with call to arms on reform) - but still no clues on when we're likely to see the final terms of reference.

]]> Sat, 08 Mar 2014 12:42:51 +1100 http://australiancompetitionlaw.org/news.html The latest issue of the Australian Journal of Competition and Consumer Law (vol 22 part 1) is out now. It includes the following articles and notes of interest:

• Dave Poddar and Angela Flannery, 'The far side of the Pilbara: The Porductivity Commission on the wrong track?'
• Justin Lipinski, 'Blurring the bright line? Third line forcing revisited'
• Amanda Richman, 'Authorisations and Notifications: Price setting and collective bargaining arrangements for professionals - in what circumstances will they be authorised?'
• Michael Ferguson and Scott Meacock, 'Enforcements and Remedies: Cartel conduct: A survey of the ACCC's enforcement activity'
• Rob Nicholls, 'Telecommunications: Structural separation, interconnection and access'
• Paul McLachlan, 'Not all benefits are services: ACCC v ANZ Banking Group Ltd'
• Rodrigo Morales-Elcoro, 'Report from Latin America: Recent experiences of Antitrust Reform and performance: Mexico, Chile and Brazil'

]]> Sat, 08 Mar 2014 12:42:23 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft decision proposing to grant authorisation to certain Queensland coal producers to collectively negotiate with Gladstone Ports Corp. View press release.

]]> Thu, 06 Mar 2014 12:41:48 +1100 http://australiancompetitionlaw.org/news.html The ACCC has authorised collective bargaining by Clubs Australia for five years. View press release. View authorisation register.

]]> Thu, 06 Mar 2014 12:42:06 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it 'will not oppose the proposed acquisition of the OneSteel Sheet and Coil business from Arrium Limited by BlueScope Steel Limited after accepting an undertaking from BlueScope to sell its sheet and coil processing assets in Western Australia.' View press release. View merger register.

]]> Thu, 06 Mar 2014 12:41:25 +1100 http://australiancompetitionlaw.org/news.html King&Wood Mallesons' blog, In Competition, has a post by Pam Cue on the ACCC's AGL merger decision. View 'Blackout'.

]]> Wed, 05 Mar 2014 12:41:10 +1100 http://australiancompetitionlaw.org/news.html John Durie has a couple of pieces in the Australian about the ACCC's AGL decision. The first (with Mitchell Neems) was published yesterday - 'AGL tipped to appeal ACCC's Macquarie Generation decision'. The second is an opinion piece in today's Australian - 'AGL boss Michael Fraser's only option is to appeal ACCC's MacGen ruling'. Watch this space.

]]> Wed, 05 Mar 2014 12:40:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has today announced that it will oppose the acquisition of the assets of Macquarie Generation by AGL Energy Limited (AGL).' The ACCC considers the proposed acquisition will substantially lessen competition in 'the market for the retail supply of electricity in New South Wales'. See press release. See merger register. A public competition assessment will be 'published in due course'.

]]> Tue, 04 Mar 2014 12:40:23 +1100 http://australiancompetitionlaw.org/news.html The ACCC has releaased a Statement of Issues outlining concerns with proposed acquisition of Macquarie Generation by AGL and have stated that its preliminary view is that the acquisition would result in a substantial lessening of competition in one retail and at least one wholesale market. See press release. View merger register.

]]> Thu, 06 Feb 2014 09:14:44 +1100 http://australiancompetitionlaw.org/news.html Martine Phillips has posted an item in In Competitionon the impact of online shopping and retail on market definition in a competition context - prompted by ACCC comments in relation too a proposed David Jones/Myer merger.

]]> Fri, 28 Feb 2014 12:39:48 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has issued a draft determination proposing to grant authorisation to David Jones to continue inviting certain businesses operating within its stores to participate in various promotions.' See press release. See authorisation register.

]]> Thu, 27 Feb 2014 12:39:19 +1100 http://australiancompetitionlaw.org/news.html There's nothing fuel purchasers hate more than discounts (!) - so the ACCC has taken action against both Coles and Woolworths alleging they have broken their promises over fuel shopper dockets. In a (very strange) agreement that entered force on 1 January, both Coles and Woolworths agreed not to offer supermarket shopper-docket discounts of more than 4 cents from fuel (subject to limited exceptions). The ACCC is alleging that Woolworths have offered a bundled discount of 8 cents and Coles have offered a bundled discount of 14 cents and that these offers contravene their respective undertakings. According to the ACCC press release , however, at least in the case of Coles (the release is a bit vague about WW) you can get the 10c by just purchasing $20 or more at the petrol station - it does not appear contingent on the grocery service. More to come on this one!

See also Eli Greenblat, 'Consumer watchdog ACCC takes Woolworths, Coles to court over fuel dockets' (SMH, 25 February 2014) and Mitchell Neems, ACCC moves on Coles, Woolworths (Business Spectator, 25 February 2014).

]]> Tue, 25 Feb 2014 13:10:43 +1100 http://australiancompetitionlaw.org/news.html Last week the ACCC instituted proceedings in the Federal Court of Australia against Pfizer (Case NSD146/2014 in NSW registry) alleging misuse of market power and exclusive dealing in 'relation to its supply of atorvastatin to pharmacies'(see media release). The Government took the opportunity to issue a press release indicating it would keep a 'close eye' on the case and reminding everyone that the misuse of market power provision would be looked at as part of the 'root and branch' review. First directions hearing in the case is scheduled for 18 March 2014 before Justice Flick.

]]> Fri, 21 Feb 2014 09:10:42 +1100 http://australiancompetitionlaw.org/news.html The Productivity Commission's Report on the National Access Regime was released last week. The Final Report recommends that the National Access Regime should be retained. It makes a number of other recommendations - in relation to paragraphs 44G(2)(b) and 44H(4)(b) the PC recommendat that they be amended so that criterion (b) is satisfied 'where total foreseeable market demand over the declaration period could be met at least cost by the facility. Total market demand should include the demand for the service under application as well as the demand for any substitute services provided by facilities serving that market. The assessment of costs under criterion (b) should include an estimate of any production costs incurred by the infrastructure service provider from coordinating multiple users of its facility.' (recommendation 8.2).

Bruce Billson MP issued a press release accompanying the release of the final report in which it indicated it would not respond to the PC's report until the 'root and branch' review is completed.

See also Minter Ellison Alert - Government releases final report into National Access Regime (20 February 2014) which provides a neat summary of the key findings and recommendations.

]]> Fri, 21 Feb 2014 09:10:43 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its 2014 Compliance and Enforcement Policy (view online or download as 4-page PDF). Core focus is on consumer issues, although mention is made of prioritising 'competition and consumer issues in highly concentrated secorts, in particular in the supermarket and fuel sectors' (nothing new here) and the policy states that some areas are always regarded as a priority, including 'cartel conduct and anti-competitive agreements, and the misuse of market power'. See press release

Chairman Rod Sims will also be delivering a speech at the CEDA Conference today (Looking forward to 2014) - the speech has a separate section dedicated to competition enforcement. Shopper dockets, petrol price information sharing and supermarket business practices are all discussed - again. The Pfizer and Visa cases naturally rate a mention. Sims indicates that there are ten 'in depth investigations under way in relation to anti-competitive agreements' (a bit like last year) and around 15 in relation to alleged misuse of market power with one likely to be before the courts soon which, he assures us, does not involve supermarkets or petrol. Merger activity is also discussed and the speech finishes with a brief mention of the anticipated 2014 'highlight' - the promised 'root and branch' review.

]]> Fri, 21 Feb 2014 10:10:43 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has granted authorisation to Myer to continue inviting certain businesses operating within Myer Stores to participate in various promotions'. View press release. View authorisation register.

]]> Thu, 20 Feb 2014 17:08:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'will not oppose the proposed acquisition by Amcor Ltd of Detmold Group’s Australian flexible packaging operation.' In its press release it noted that in 'reaching its decision, the ACCC determined that actual and potential import competition was likely to continue to provide a strong constraint on Amcor following the acquisition'. View press release. View merger register.

]]> Thu, 20 Feb 2014 17:09:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'will not oppose the proposed acquisition of Australian Associated Press Ltd’s media monitoring business by iSentia Pty Limited', concluding that it 'was highly unlikely that AAP would continue to operate its media monitoring business if the proposed acquisition did not procee'. The ACCC has indicated it will issue a Public Competition Assessment in relation to this merger review. View press release. View merger register.

]]> Thu, 20 Feb 2014 17:10:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has granted interim authorisation to enable a network of Catholic health facilities to continue to collectively bargain with health funds, the Repatriation Commission and a range of suppliers.' See press release. See authorisation register.

]]> Wed, 19 Feb 2014 17:06:42 +1100 http://australiancompetitionlaw.org/news.html Dr Martyn Taylor and Josh Buckland at Norton Rose Fulbright have just published an excellent thought piece on the proposed 'root and branch' competition review (still awaiting final terms of reference and panel!). Headed 'The greatest Australian competition reforms in 20 years' the piece works through the political context to the Review, the 'extraordinary' breadth of the review, the panel and timing of the review, the 'likely apetite for further deregulation', possible agency reforms, possible 'trimming' of the laws, small business issues and more - it runs for eight pages and is well worth reading. It can be downloaded from CCH's law chat page.

]]> Tue, 18 Feb 2014 17:10:42 +1100 http://australiancompetitionlaw.org/news.html Gilbert + Tobin have released their inaugural Competition Review. The Review is both a PDF publication and related video. It includes, for example, a 22 minute video between Gilbert + Tobin partner Gina Cass-Gottlieb and Rami Greiss from the ACCC's Merger Investigations Branch. Well worth a close look.

]]> Fri, 14 Feb 2014 09:15:42 +1100 http://australiancompetitionlaw.org/news.html There was an opinion article in the AFR by BCA Chief Executive, Jennifer Westacott and Managing Partner of Gilbert + Tobin, Danny Gilbert entitled 'Competition Policy Review Offers Chance to Support Growth'.

]]> Thu, 13 Feb 2014 09:15:20 +1100 http://australiancompetitionlaw.org/news.html The latest Australian Business Law Review is out (volume 42(1)). It contains several interesting items, including an overview by the editor, Prof Bob Baxt, of some of the matters he believes may be tat the forefront of the 'root and branch' competition review and a discussion by Prof Setpehn Corones of 'agents as intermediaries' in the context of the recent ANZ and Flight Centre cases. It also includes publication of the 2013 annual Baxt Lecture, National Competition Policy: Coming of Age, delivered by Professor Fred Hilmer AO. Mon, 10 Feb 2014 09:15:05 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced that ACCC Chairman, Rod Sims, will also assume role of CEO of the ACCC from 3 Feb 2014 following last week's announcement by current CEO, Brian Cassidy, that he will retire on 23 May 2014. Brian Cassidy will assist with the transition and with the ACCC's submission to the Root and Branch review. View press release.

]]> Thu, 30 Jan 2014 09:14:27 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not opposed this proposed acquisition after forming the view that "an acquisition of Macquarie Generation by ERM was not likely to substantially reduce the competitiveness of generators or retailers or otherwise raise barriers to entry in the relevant electricity markets". See press release. See merger register.

]]> Thu, 30 Jan 2014 09:13:10 +1100 http://australiancompetitionlaw.org/news.html The ACCC will not oppose the proposed acquisition by BlueScope Steel Ltd of Fielders Australia, concluding that although "BlueScope has market power in the supply of painted coil inputs through its COLORBOND product lines, this level of market power would not be altered by the acquisition." View press release. View merger register.

]]> Thu, 30 Jan 2014 09:13:36 +1100 http://australiancompetitionlaw.org/news.html Murray Goulburn has withdrawn its bid for Warrnambool Cheese & Butter and will sell its holding to rival bidder, Canadian dary company, Saputo. On 23 January a notice of withdrawal was submitted to the Australian Competition Tribunal which was due to begin hearing the authorisation application next month. See, for example, RN Breakfast, 'Saputo claims victory in cheese wars' (29 January 2014 - audio download) John Durie, 'Murray Goulburn will withdraw WCB bid to fight again' (The Australian, 22 January 2014) Trevor Chappell, 'Murray Goulburn pulls out of WCB fight' (news.com.au, 23 January 2014)

]]> Wed, 29 Jan 2014 09:07:05 +1100 http://australiancompetitionlaw.org/news.html The ABC reports that Murray Valley, Riverina and Riverland growers will make a joint complaint to the ACCC regarding recent price slashing due to oversupply.

]]> Fri, 24 Jan 2014 09:06:26 +1100 http://australiancompetitionlaw.org/news.html The ACCC was originally scheduled to issue a decision regarding Amcor's proposed acquisition of Detmold Flexibles & Detmark on 30 January. This has been delayed following receipt of further information from the parties. A new date has yet to be announced. View merger register.

]]> Fri, 24 Jan 2014 09:06:45 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has allowed Office Choice Limited, Office Brands Limited, Office Products Depot, as well as their current and future Australian members and franchisees, to continue to collectively bargain with office products suppliers.' See press release. See authorisation register.

]]> Thu, 23 Jan 2014 09:06:02 +1100 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to re-authorise collective bargaining by the AMA for 10 years. See press release and authorisation register.

]]> Wed, 22 Jan 2014 09:05:43 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation to the Victorian Association of Newsagents to collectively bargain with Tatts and Intralot. See press release. See authorisation register.

]]> Wed, 22 Jan 2014 09:03:36 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has announced it will oppose the proposed acquisition by Sonic Healthcare Limited (Sonic) of assets of Delta Imaging Pty Limited (in liquidation), Delta Imaging Maitland Pty Limited (in liquidation) and Cscan Asset Pty Limited (in liquidation) collectively, the Delta Imaging Group' after concluding the proposed acquisition would be likely to have the 'effect of substantially lessening competition in the market for the supply of MRI services in Newcastle and Maitland, and the market for the supply of general diagnostic imaging services in Maitland.' See ACCC press release. See merger register.

]]> Fri, 17 Jan 2014 09:02:50 +1100 http://australiancompetitionlaw.org/news.html John Durie has an item in this weekend's Australian about Justice Mansfield's decision to write to state premiers and others regarding Murray Goulburn's authorisation application relating to its bid for Warrnambool Cheese & Butter. He describes the action as 'unprecedented and, at best, truly bizarre'. As always, worth reading. See John Durie, 'Competition Tribunal's move in the dairy takeover game is unprecedented' (The Australian, 11 January 2014)

]]> Sat, 11 Jan 2014 11:42:29 +1100 http://australiancompetitionlaw.org/news.html John Durie has an item in today's Australian discussing Bruce Billson's role and the forthcoming competition review. He notes that Billson has confirmed the broad nature of the draft terms of reference was deliberate and the final TOR would be released by the end of the month and will be 'much the same'. He goes on to discuss how the review will be staffed and likely timelines. See John Durie, 'Billson packs licence to kill off any impediments' (The Australian, 9 January 2014, 13)

]]> Thu, 09 Jan 2014 11:42:06 +1100 http://australiancompetitionlaw.org/news.html The ACCC submitted an issues paper (78 pages) regarding Murray Goulburn's authorisation application to the Australian Competition Tribunal on 23 December 2013. This has now been made public (with significant redaction) - see Tribunal's Authorisation page (see also ACCC page). Several other statements and reports are also available (for example, affidavit of Geoffrey Carter (Minter Ellison) representing WCB, seeking permission to intervene in the proceeding (granted by Justice Mansfield on 9 December - para 10). For more details see, for example, Tin Binsted and Jared Lynch, 'ACCC has concerns over Murray Goulburn's takeover of WCB' (SMH, 8 January 2014).

]]> Wed, 08 Jan 2014 17:20:02 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, caused quite a stir when he spoke to the Australian Financial Review about government's 'root and branch' competition review (see Patrick Durkin, 'ACCC calls for big asset sell off' (Australian Financial Review, 6 January 2014)). This has resulted in the publication of a 'clarification' by the ACCC stating that, although Mr Sims said that 'generally the private sector will run commercial enterprises more efficiently than government', he made no reference 'to privatise any specific Commonwealth owned entity (the AFR refers to Australia Post and Medibank Private as examples of assets that may be privatised).

For more see, for example, AAP, 'ACCC urges government to sell of assets' (SMH, 6 January 2014) and Michael Janda & Justine Parker, 'ACCC chairman Sims argues the benefits of privatisation' (ABC News, 6 January 2014), Gareth Hutchens, Clay Lucas, 'ACCC chairman Rod Sims denies urging privatisation of Australia Post' (SMH, 7 January 2014) and Stephen King, 'Privatisation in Australia: as the ACCC opens a can of worms, what are the lessons on government ownership and regulation?' (The Conversation, 6 January 2014).

]]> Tue, 07 Jan 2014 17:19:39 +1100 http://australiancompetitionlaw.org/news.html Today the Woollies and Coles undertakings with the ACCC to stop big petrol discounts tied to supermarket purchases kicks in. For some recent aticles on this see, for example, George Raitt, 'Bundled discounts: misuse of market power?' (Lexology, 17 December 2013) and Rose Brennan, 'Petrol prices set to reach near-record levels' (The Courier-Mail, 1 January 2014)

]]> Wed, 01 Jan 2014 17:19:18 +1100 http://australiancompetitionlaw.org/news.html The Federal Court has ordered (by consent) that Mitsubishi Electric Australia pay $2.2m in penalties for RPM. See ACCC press release. View Federal Court decision (Justice Mansfield)

]]> Fri, 20 Dec 2013 17:19:00 +1100 http://australiancompetitionlaw.org/news.html Someone went crazy in the media room at the ACCC - this is the 8th media release for the day. View media release. View merger register (including enforceable undertaking).

]]> Thu, 19 Dec 2013 17:18:38 +1100 http://australiancompetitionlaw.org/news.html Following the provision of a court enforceable undertaking, the ACCC will not oppose the proposed acquisiton by Gallagher Group of Country Electronics Pty Ltd. View press release. View merger register.

]]> Thu, 19 Dec 2013 17:18:19 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues outlining concerns with this proposed acquisition. View press release. View merger register. Interested parties have until 31 January to make submissions and a final decision is due 20 February.

]]> Thu, 19 Dec 2013 17:17:58 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues setting out its concerns about the proposed acquisition of LIndifarne Cellers by Woolworths. See press release. See merger register. Submissions are due by 17 January with proposed ACCC announcement on 13 February.

]]> Thu, 19 Dec 2013 17:17:37 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues on BlueScope Steel Ltd’s proposed acquisition of the OneSteel Sheet & Coil business from Arrium Ltd. See press release. See merger register. Submissions are due by 24 January with proposed ACCC announcement on 20 February.

]]> Thu, 19 Dec 2013 17:17:05 +1100 http://australiancompetitionlaw.org/news.html The latest The State of Competition has been published by Rachel Trindade, Alexexandra Merrett and Rhonda Smith. The theme is "2013: the year of waiting patiently" and it discusses the three recent Part IV decisions - Cement Australia, ANZ & Flight Centre - and also devotes time to discussing (and criticising) the ACCC's 'shopper-docket' undertaking extraction from Coles and Woolworths, the new cartel cases filed by the ACCC this month, consumer protection news, 'Frankincense' (merger news!) and finally, the long awaited 'root and branch review'. Bumper issue and, as always, a must read. Past issues can be found at The State of Competition home page.

]]> Wed, 18 Dec 2013 18:12:54 +1100 http://australiancompetitionlaw.org/news.html The ACCC will allow Visa, MasterCard, American Express and participating financial institutions, to coordinate removal of signatures as authentication for most credit card transactions. View press release. View authorisation register.

]]> Wed, 18 Dec 2013 18:10:49 +1100 http://australiancompetitionlaw.org/news.html The draft terms of reference for the Competition Review are now available. See Root and Branch Review Page. See also Anne Wardell, 'Root and Branch' Review of Competition Laws - Draft Terms of Reference released' (CCH Law Chat, 12 December 2013) (includes link to full draft). For some commentary see David Crowe, 'Coalition sides with small firms against big business' (The Australian, 11 December 2013)

]]> Fri, 13 Dec 2013 16:12:33 +1100 http://australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against NSK for 'alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications.' NSK has admitted to the conduct. The case follows cooperation between competition agencies in the United States, Europe and Canada. View press release.

]]> Fri, 13 Dec 2013 14:21:48 +1100 http://australiancompetitionlaw.org/news.html The decision of Justice Greenwood in ACCC v Cement Australia is now available on AustLII. Justice Greenwood held that Cement Australia had breached section 45 but the ACCC was unsuccessful in its misuse of market power claim under section 46 (see ACCC press release.) The RTF file is a whopping 25MB with the decision running to decision running to 894 pages (if you reformat to single spacing size 10 Calibri you can get it down to 539 pages ... but not so fun to read that way). Enjoy. For a brief overview see, for example, George Raitt, 'Power without glory: ACCC v Cement Australia' (Piper Alderman, Competition and Consumer News, December 2013) and Elizabeth Richmond and Alexia Smyth-Kirk, 'ACCC v Cement Australia: another ACCC misuse of market power case turns to ash' (Clayton Utz Insights, 5 December 2013).

]]> Fri, 13 Dec 2013 16:12:01 +1100 http://australiancompetitionlaw.org/news.html The ACCC has appealed against the decision by Justice Dowsett in the Federal Court dismissing the ACCC's allegations that the ANZ had breached price fixing provisions in the TPA (as it was at the time of the alleged contravention). See ACCC press release. See also 'ACCC appeals in ANZ price fixing case' (News.com.au, 10 December 2013)

]]> Tue, 10 Dec 2013 16:11:35 +1100 http://australiancompetitionlaw.org/news.html Justice Logan in the Federal Court has handed down his decision in the ACCC v Flight Centre cartel case, holding that on six occasions Flight Centre attempted to enter agreements to 'fix, control or maintain Flight Centre's retail or distribution margin'. See ACCC Press Release. Read judgment on AustLII.

]]> Fri, 06 Dec 2013 18:11:45 +1100 http://australiancompetitionlaw.org/news.html The ACCC has accepted s 87B undertakings from Coles and Woolworths to 'cease making fuel saving offers which are wholly or partially funded by any part of their business other than their fuel retailing business' and to 'limit fuel discounts which are linked to supermarket purchase to a maximum of 4 cents per litre.' The undertakings note (in part) that while '[Woolworths/Coles] does not accept that any of its fuel savings offers have adversely affected competition, [Woolworths/Coles] has voluntarily and without admissions offered to provide this Undertaking to address the matters raised by the ACCC'.The undertakings also contain a meeting competition exemption. 'View ACCC press release. View Coles Group Ltd undertaking. View Wooloworths Ltd undertaking.

]]> Fri, 06 Dec 2013 16:11:08 +1100 http://australiancompetitionlaw.org/news.html The Government has announced that it will undertake a comprehensive review of competition laws and policy - referred to again as a 'root and branch reivew' that will 'examine not only the current laws but the broader competition framework'. The press release indicates that the government has provided states and territories with a draft terms of reference and that a review panel will be established shortly with final report to be produced within 12 months. View press release.

]]> Wed, 04 Dec 2013 22:08:43 +1100 http://australiancompetitionlaw.org/news.html Alexandra Merrett's book 'The Assessment and Regulation of Market Power in Australia: An Institutional Approach' has just been published by LAP Lambert Academic Publishing.

]]> Fri, 29 Nov 2013 14:07:12 +1100 http://australiancompetitionlaw.org/news.html In the latest issue of The State of Competition, Rachael Trindade, Alexandra Merrett and Rhonda Smith tackle the effects vs purpose debate in relation to misuse of market power. See 'The Grass is always greener? The effects vs purpose debate resumes' (The State of Competition, Issue 14 (Nov 2013). This is a bumper 8 page double issue - not to be missed!

]]> Fri, 29 Nov 2013 14:06:57 +1100 http://australiancompetitionlaw.org/news.html Treasurer, Joe Hockey, has determined that the proposed acquisition of GrainCorp by ADM would 'not be in our national interest'. In rejecting the application Hockey talked a lot about the insufficiency of competition in the sector as a justification for refusing approval. The ACCC had previously indicated it would not oppose the proposed acquisition, finding that it would be 'unlikely to result in a substantial lessening of competition in any market'. See, for example, Ben Packham and Sue Neales, 'Joe Hockey rejects proposed takeover of GrainCorp by US company Archer Daniels Midland' (The Australian, 29 November 2013) and Judith Ireland and Brian Robins, 'Treasurer Joe Hockey rejects GrainCorp takeover bid by ADM' (SMH, 29 November 2013)

]]> Fri, 29 Nov 2013 14:06:36 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, addressed the RBB Economics Conference in Sydney today. View press release. View speech.

]]> Fri, 29 Nov 2013 13:25:38 +1100 http://australiancompetitionlaw.org/news.html The AFR reports that the ACCC is likely to launch a major cartel case before the end of the year, believed to be the largest since the 2005 Visy case. See 'ACCC to launch cartel case: report' (Business Spectator, 29 November 2013). See also Rod Sims' speech to the RBB Economics Conference in which he indicates he expects 'to be able to announce the commencement of another domestic cartel case before the end of the year.'

]]> Fri, 29 Nov 2013 13:25:25 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its public competition assessments for Westfield's proposed acquisition of Karrinyup Shopping Centre (not opposed subject to divestiture) and Baxter's proposed acquisition of Gambro (not opposed subject to divestiture).

]]> Thu, 28 Nov 2013 14:12:38 +1100 http://australiancompetitionlaw.org/news.html Professor Caron Beaton-Wells has an item in today's Conversation about the proposed supermarket code of conduct. See 'Toughen up: what Australia's supermarket code could learn from the UK' (The Conversation, 27 November 2013)

]]> Wed, 27 Nov 2013 13:25:08 +1100 http://australiancompetitionlaw.org/news.html The AFR reports that Qantas is under ACCC investigation for potential misuse of market power in its fight with Virgin. See 'ACCC lines up Qantas for inquiry' (AFR, 21 November 2013) See also Joe Aston and James Chessell, 'Qantas under ACCC investigation over price war' (SMH, 22 November 2013)

]]> Fri, 22 Nov 2013 13:24:53 +1100 http://australiancompetitionlaw.org/news.html The ACCC has taken action against Mitsubishi Electric Australia alleging it engaged in reale price maintenance. See Steven Raeburn, 'ACCC targets Mitsubishi over price fixing concerns' (The Drum, 21 November 2013). See also John Durie, 'ACCC files against Mitsubishi over air conditioner pricing' (The Australian, 20 November 2013) and ACCC press release.

]]> Thu, 21 Nov 2013 13:24:29 +1100 http://australiancompetitionlaw.org/news.html Prof Stephen King has an item in today's Conversation about the draft supermarket industry code of conduct. See 'Coles and Woolworths code useful, but beware disputes' (The Conversation, 20 November 2013)

]]> Wed, 20 Nov 2013 13:24:13 +1100 http://australiancompetitionlaw.org/news.html ACCC chairman, Rod Sims, claims the ACCC has run at a loss for the past through years as a result of increasing demands and decreased funding. See David Uren, 'Sims says Labor caused ACCC harm with demands for efficiency dividends' (The Australian, 20 November 2013)

]]> Wed, 20 Nov 2013 13:23:57 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced that it has concluded an investigation into Crown finding there was 'insufficient evidence to support a contravention of the cartel provisions'. View ACCC press release.

]]> Tue, 19 Nov 2013 13:23:40 +1100 http://australiancompetitionlaw.org/news.html The Federal Court has dismissed proceedings brought by the ACCC alleging ANZ breached the price fixing provisions of the TPA (now CCA; alleged conduct occurred in 2004). In particular, the Court considered whether ANZ 'engaged in conduct that had purpose or effect, or was likely to have purpose or effect, of fixing a rebate' and also whether the relevant conduct substantially lessened competition contrary to s 45. See Federal Court decision (200+ pages). See ACCC press release.

]]> Mon, 18 Nov 2013 13:23:19 +1100 http://australiancompetitionlaw.org/news.html The 11th Annual University of South Australia Competition and Consumer Workshop was held over the weekend discussing a variety of matters likely to feature in next year's 'root and branch' review.

]]> Sun, 17 Nov 2013 13:22:57 +1100 http://australiancompetitionlaw.org/news.html The Monash Business Forum today released its 'Agenda for National Competition Policy Inquiry' in which it explores key areas the authors think should be covered in the review. In particular, it makes twelve recommendations for issues that it considers should form the basis for the Review's Terms of Reference. See also John Durie and Annabel Hepworth, 'Break up bid to put watchdog on leash' (The Australian, 14 November 2013, P19) and Matthew Drummond, 'Samuel calls for break-up of ACCC' (The Financial Review, 14 November 2013)

]]> Thu, 14 Nov 2013 13:22:34 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it 'will not oppose the proposed acquisition of TransACT Capital Communications Pty Ltd’s (TransACT) fibre to the premises network (TransACT FTTP network) by NBN Co Limited (NBN Co)'. See press release. See public register.

]]> Thu, 14 Nov 2013 13:22:19 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its free online education units for tertiary institutions. This adds to the small business program released earlier this year. View education program. View press release.

]]> Fri, 08 Nov 2013 13:22:02 +1100 http://australiancompetitionlaw.org/news.html Bradken has settled its federal court case appealing the judgement of Justice Gordon handed down earlier this year. As a result Bradken's appeal has been discontinued (Notice of Discontinuance of Appeal or Cross-Appeal filed on 4 November). See Richard Gluyas, 'Bradken case settled on confidential terms' (The Australian, 5 November 2013) and 'Bradken, Norcast reach deal' (Business Spectator, 4 November 2013)

]]> Fri, 08 Nov 2013 13:21:43 +1100 http://australiancompetitionlaw.org/news.html The AFR reports taht former ACCC Chairman, Craeme Samuel, has called for the re-introduction fo competition payments 'to kick-start the reform agenda', noting that competition policy hs 'slipped off' the COAG reform agenda. See Mark Ludlow, Fluer Anderson and Laura Tingle, 'Competition payments required to boost reform' (AFR, 7 November 2013, page 7)

]]> Thu, 07 Nov 2013 13:21:20 +1100 http://australiancompetitionlaw.org/news.html The Age reports that the ACCC is investigating allegations News Corp's Geelong Advertiser has engaged in predatory pricing since the arrival of The Weekly Review, a free real estate and lifestyle magazine (owned by Metro Media Publishing - a JV between Fairfax and Antony Catalano). See Dominic White, 'ACCC steps in to probe predatory pricing claims' (The Age, 1 November 2013). See also Dominic White, 'ACCC probes News Corp's Geelong paper' (AFR, 1 November 2013, page 6) and Noel Murphy, 'ACCC probing News' ad rates' (Geelong Independent, 31 October 2013)

]]> Fri, 01 Nov 2013 13:20:55 +1100 http://australiancompetitionlaw.org/news.html The ACCC and AER have published their 2012-2013 annual report. See press release. In relation to competition law, the report notes that the past 18 months have seen the largest penalties (cumulatively) for cartel conduct in the history of the ACCC (thanks to the international air cargo cartel) and refers to five competition proceedings (Renegage Gas and Speed-E-Gas (cartel allegation); Australian Arrow Pty Ltd (cartel allegation); Visa (misuse of market power allegation); Koyo (cartel allegation) and Viscas/Prysmian (cartel - penalty of $1.35million)). The report also notes current ACCC investigations into supermarket supplier arrangements, shopper dockets and fuel retailing. In relation to mergers, 73% of those considered were pre-assessed as not requiring review and of the 76 reviews conducted, six were opposed and two were resolved with remedies (page 6).

]]> Thu, 31 Oct 2013 13:20:00 +1100 http://australiancompetitionlaw.org/news.html The ACCC will not oppose 'the proposed acquisition of Warrnambool Cheese and Butter Factory Company Holdings Limited (Warrnambool Cheese and Butter) by Bega Cheese Limited (Bega).' View press release. View merger register.

]]> Thu, 31 Oct 2013 13:19:40 +1100 http://australiancompetitionlaw.org/news.html Small Business Minister Bruce Billson spoke at a food industry conference in Canberra yesterday, focussing on supermarket behaviour and describing s 46 of the CCA as a 'hunting dog that won't leave the porch'. At the same conference ACCC chairman, Rod Sims, indicated that the ACCC's investigation into treatment of suppliers by the major supermarkets has been delayed until around March 2014 (view speech and press release) and Senator Xenophon once again argued for divestiture laws in abuse of power cases.

See Colin Brinsden, 'Big two supermarkets focus on govt review' (Sydney Morning Herald, 30 October 2013), Anna Vidot, 'Minister wants competition law with bite' (ABC Rural, 30 October 2013), David Crowe, 'Coalition's warning to retail giants' (The Australian, 30 October 2013). See also 'Over-regulating grocers would harm consumers' (The Australian (Opinion), 31 October 2013) and Stephen Bartholomeusz, 'Beware dead wood in retail's root-and-branch review' (Business Spectator, 30 October 2013)

]]> Thu, 31 Oct 2013 13:19:11 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has issued a draft determination proposing to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) proposes to continue to collectively bargain on behalf of visiting medical officers in the NSW public hospital system with the NSW Ministry of Health and public health organisations.' View press release. View authorisation register.

]]> Wed, 30 Oct 2013 13:18:47 +1100 http://australiancompetitionlaw.org/news.html The ACCC has allowed the Rural Doctor's Association of Australia 'and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of rural doctors.' View press release. View authorisation register.

]]> Wed, 30 Oct 2013 13:18:24 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released its Public Competition Assessment in relation to the proposed acquisition, by Woolworths, of a supermarket site at Glenmore Ridge Village Centre. It states, in part, that 'the ACCC concluded that the proposed acquisition would be likely to result in a substantial lessening of competition in the local retail supermarket market by preventing or hindering competition that would likely otherwise have been brought to the local market by an alternative supermarket operator. This competition would be unlikely to be otherwise introduced into the local market because of the lack of other available suitable sites for supermarket development' (para 60). The ACCC commenced its review of this proposed acquisition on 20 June 2012 and opposed this proposed acquisition on 5 June 2013.

]]> Fri, 25 Oct 2013 13:18:01 +1100 http://australiancompetitionlaw.org/news.html Dave Poddar at Clifford Chance has a report on the Murray Goulburn authorisation application: 'Too much froth? Merger clearance tactics in contested takeovers in Australia' that's well worth reading. It compares the informal clearance and merger authorisation processes and looks specifically at the Australian dairy sector and the challenges of the authorisation process for Murray Goulburn.

]]> Fri, 25 Oct 2013 13:17:37 +1100 http://australiancompetitionlaw.org/news.html Murray Goulburn has announced it intends to seek authorisation for its proposed merger with Warrnambool Cheese & Butter. This will be the first merger authorisation case since the power to grant merger authorisations was removed from the ACCC and handed to the Tribunal in 2007. See Julie-Anne Sprague, 'Why Warrnambool sparked a bidding war' (AFR 22 October 2013), Tim Binsted, 'MG to put case to tribunal' (Farm Weekly, 22 October 2013), Adele Ferguson, 'Dairy giant poses as a national farm saviour' (Business Day, 19 October 2013) and Richasrd Gluyas, 'Everyone wants these happy cows' (The Australian, 19 October 2013).

]]> Tue, 22 Oct 2013 13:17:07 +1100 http://australiancompetitionlaw.org/news.html The Federal Court has made consent orders 'against Koyo Australia Pty Ltd ordering it to pay penalties of $2 million' after finding it made and gave effect to two cartel arrangements to increase the price of ball and roller bearings. Justice Edmonds set out criteria for assessing appropriate penalties and after applying them to the case, including taking account of the substantial cost savings resulting from Koy's cooperation, accepted that the agreed pecuniary penaltiy was approriate. View press release. View decision (Justice Edmonds).

]]> Fri, 18 Oct 2013 13:16:46 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation to Office Choice members and franchisees to collectively bargain with office product suppliers. See press release. See authorisation register.

]]> Thu, 17 Oct 2013 13:16:23 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation for power generators in Queensland to jointly renegotiate existing coal supply arrangements with Anglo Coal. View press release. View authorisation register.

]]> Thu, 17 Oct 2013 13:15:36 +1100 http://australiancompetitionlaw.org/news.html The ACCC today issued its 17-page Public Competition Assessment for the proposed acquisition by Woolworths of the Hawker Supa IGA, which the ACCC announced it would not oppose on 4 July.

]]> Thu, 17 Oct 2013 15:25:42 +1100 http://australiancompetitionlaw.org/news.html Treasurer Joe Hockey delivered a speech to the American Australian Association in New York on Tuesday evening, (briefly) reiterating the government's promise of a 'root and branch review' of competition policies, emphasising need for a 'simple and predictable regulatory environment' and lightening of regulatory burden. In today's Financial Review, Fluer Anderson reports that it is now anticipated that only the terms of reference will be released within the first 100 days of the Abbott Government. (Fleur Anderson, 'Inquiry aims to simplify complex competition laws' (AFR, 17 October 2013)

]]> Thu, 17 Oct 2013 15:25:17 +1100 http://australiancompetitionlaw.org/news.html Prof Stephen King has an item in the Conversation today in which he argues that Costco's proposed entry into the discount petrol market is unlikely to benefit most consumers (see 'Costco's entry into petrol is unlikely to help most consumers')

]]> Wed, 16 Oct 2013 15:24:53 +1100 http://australiancompetitionlaw.org/news.html The ACCC is proposing to allow APRA to continue its acquisition and licencing arrangements subject to conditions. View press release. View authorisation register.

]]> Tue, 15 Oct 2013 12:40:11 +1100 http://australiancompetitionlaw.org/news.html The ACCC is proposing to allow Visa, MasterCard, American Express and other participating financial institutions to coordinate removal ofsignatures as an authentication method for most credit cared transactions. View press release. View authorisation register.

]]> Fri, 11 Oct 2013 12:39:52 +1100 http://australiancompetitionlaw.org/news.html The ACCC has authorised a revised form of the Homeworkers Code of Practice. See press release. See authorisation register.

]]> Thu, 03 Oct 2013 12:39:27 +1100 http://australiancompetitionlaw.org/news.html The ACCC has reauthorised a concrete cartage allocation system in Perth and granted interim authorisation to regional councils in NSW for waste services agreements and the Queensland Government for liquor accord.

]]> Wed, 02 Oct 2013 09:23:16 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released a public discussion paper inviting comment on issues arising from its current review of the ACCC Immunity Policy for Cartel Conduct. The closing date for submissions is 28 October. View press release. View consultation page. See also In Competition post (by Hanna Gyton) on the discussion paper.

]]> Mon, 30 Sep 2013 09:18:10 +1000 http://australiancompetitionlaw.org/news.html The ACCC has updated its Merger Review Process Guidelines. Key changes relate to pre-assessment processes for non-contentious mergers, feedback processes where concerns are raised and clarification of the approach to releasing Public Competition Assessments. In relation to PCA's it is notable that since the draft was released earlier this year the ACCC has re-inserted (into para 2.70) a statement that they will aim to release a PCA within 30 days of making a decision. This appeared in the previous review guidelines but did not appear in the draft revised guidelines. The ACCC has not even come close to meeting this time frame lately; for example, we are still awaiting a PCA in the controversial Woolworths/Glenmore Ridge case (opposed 6 June). In the carsales case the ACCC opposed the proposed acquisition on 20 December 2012 and PCA was released 13 June 2013. The reason for the significant delays remains a mystery. View press release.

]]> Mon, 30 Sep 2013 08:56:38 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has spoken to an International Syposium on Infrastructure noting that infrastructure is a key enabler of productivity growth. View press release. View speech.

]]> Wed, 30 Oct 2013 09:20:41 +1000 http://australiancompetitionlaw.org/news.html There were a number of reports yesterday relating to the international probe into car parts price fixing. Discussing cartel activity generally Sims also noted that it has received about 100 immunity applications since the immunity policy (currently under review) was introduced five years ago. See, for example, Amy Bainbridge, 'ACCC plays a role in busting car parts price-fixing cartels' (ABC News, 28 September 2013).

]]> Sat, 28 Sep 2013 09:18:22 +1000 http://australiancompetitionlaw.org/news.html ABC factcheck has an item on petrol shopper dockets - 'Are the big chains' discoutn vouchers forcing small petrol stations out of business?' (ABC Factcheck, 25 September 2013), reporting on an advertisement placed by the Independent Retailers of Australia in the Fin Review on 19 September 2013.

]]> Thu, 26 Sep 2013 09:18:04 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, addressed a Regional Cmprehensive Economic Partnership seminar in Brisbane today discussing competition provisions in trade agreements. The speech has not been published. View press release.

]]> Thu, 26 Sep 2013 09:13:13 +1000 http://australiancompetitionlaw.org/news.html The ACCC has accepted an access undertaking from Emerald Logistics regarding bulk wheat exporters using its Melbourne Port Terminal. View press release. View final decision.

]]> Thu, 26 Sep 2013 09:16:09 +1000 http://australiancompetitionlaw.org/news.html Former ACCC Chairman, Graeme Samuel appeared on ABC Rural today discussing the proposed root and branch review of competition law. He welcomes the review but says a overhaul is not needed. In particular is warned against politicising competition law reform. See Anna Vidot, 'Take politics out of competition law: ex-ACCC boss' (ABC Rural, 25 September 2013)

]]> Wed, 25 Sep 2013 09:17:44 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation to Myer to enable it to continue to invite businesses within its stores to participate in promotions. A draft decision on the full application is anticipated in November. View press release. View authorisation register.

]]> Wed, 25 Sep 2013 09:11:07 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation for five years to Clean Energy Council Ltd for a voluntary code of conduct for solar photovoltaic retail businesses. View press release. View authorisation register.

]]> Wed, 25 Sep 2013 09:10:27 +1000 http://australiancompetitionlaw.org/news.html The entire board (bar one) of NBN Co has resigned, although (at 11am September) they have not yet been accepted by the Government. See ABC, 'All but one NBN Co board member hand in resignations'. See also Alan Kohler, 'The NBN board has run away. Why?' (Business Spectator, 23 September 2013)

]]> Mon, 23 Sep 2013 11:07:40 +1000 http://australiancompetitionlaw.org/news.html The ACCC has varied the Facilities Access Code following a review which commenced in July 2012. Most notably, timeframes for accessing facilities are now mandadory. See press release. See revised code.

]]> Mon, 23 Sep 2013 09:06:46 +1000 http://australiancompetitionlaw.org/news.html The AFR has an item today on the Government's promised root and branch competition review. See Tony Boyd, 'Slow start to Billson's competition review' (AFR, 20 September 2013, page 40). The item suggests Billson will favour an economist over a lawyer to dead the review which is expected to be assested by experts 'repreenting farmers, small business and consumers'. This follows an item on the 10th reporting that Billson had indicated that terms of reference have already been drawn up: Claire Stewart, 'Billson pledges 'comprehensive' competition review' (AFR, 10 Sept 2013, page 3). See also James Thomson, 'Billson ready for business in new ministerial role' (BRW, 17 September 2013) (suggesting Billson will get his 'root-and-branch' review going as soon as possible following consultation on terms of reference.

]]> Fri, 20 Sep 2013 11:07:12 +1000 http://australiancompetitionlaw.org/news.html The annual Baxt lecture was delivered today by Professor Frederick Hilmer AO, the architect of the National Competition Policy. The topic "National Competition Policy Turns 21: An Occasion to Celebrate" was highly topical given the 'Son of Hilmer' Review promised by the new Government within its first 100 days.

Update: slides and handout ('National Competition Policy: Coming of Age') now available from the link above, with audio to follow.

]]> Thu, 19 Sep 2013 16:20:39 +1000 http://australiancompetitionlaw.org/news.html The ACCC has opposed the setting of common fees for ophthalmology practices within shared practices. View press release. View authorisation register.

]]> Thu, 19 Sep 2013 09:05:33 +1000 http://australiancompetitionlaw.org/news.html Alexandra Merrett and Rachel Trindade have released Issue 13 of The State of Competition - this issue's subject is competitive neutrality. Read 'Has competitive neutrality run its course?'. The authors have also promised discussion of the always topical 'section 46' in the next issue.

]]> Wed, 18 Sep 2013 16:20:39 +1000 http://australiancompetitionlaw.org/news.html Despite talk of a root and branch review of competition laws for more than a year, no competition minister appears in the new cabinet, outer ministry or among the various parliamentary secretaries. As expected, Bruce Billson is the new Minister for Small Business. He was the Shadow Minister for Small Business, Competition Policy and Consumer Affairs. Gone are the competition and consumer references. Let us hope the coalition does not believe the latter can be simply conflated into the category of small business - although the title change and August small business policy paper suggest otherwise. Yesterday I pointed to K&W Mallesons' In Competition Blog which expressed the view that the 'Coalition’s stated focus on the position of small business suggests a move away from the protection of the competitive process to the protection of the competitors.' Let us hope they are not too prophetic ...

]]> Mon, 16 Sep 2013 16:20:39 +1000 http://australiancompetitionlaw.org/news.html With the coalition's election victory it looks likely we will see a "root and branch" review of competition laws in the next 12 months. Peta Sevenson anmd Martine Phillips have posted on the proposed review over at King&Wood Mallesons' In Competition Blog - see 'Coalition to Uproot Competition Laws?' (9 September 2013).

]]> Sun, 15 Sep 2013 11:09:14 +1000 http://australiancompetitionlaw.org/news.html The ACCC will seek leave to join the Bradken appeal against Justice Gordon's cartel ruling earlier this year. See ACCC Press Release, 'ACCC seeks leave to intervene in Bradken Limited & Ors V Norcast S.ar.L' (12 September 2013). 'See also John Durie, 'Bernie Brookes is paddling madly against the tide' (The Australian, 13 September 2013)

]]> Fri, 13 Sep 2013 09:11:42 +1000 http://australiancompetitionlaw.org/news.html The ACCC is proposing to allow Qld power generators to jointly renegotiate coal supply arrangements with Aglo Coal. Submissions on draft determination can be made until 26 September. Final decision expected in October. View ACCC press release. View authorisation register.

]]> Thu, 12 Sep 2013 09:11:23 +1000 http://australiancompetitionlaw.org/news.html The ACCC has announced it 'will not oppose the proposed acquisition by AGL Energy Limited (AGL) of Australian Power and Gas Company Limited (APG)'. View press release. View merger register.

]]> Thu, 12 Sep 2013 09:11:04 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation to Clubs Australia to negotiate with suppliers of ATM's. See ACCC press release. View authorisation register.

]]> Wed, 11 Sep 2013 09:10:44 +1000 http://australiancompetitionlaw.org/news.html The Federal Court has handed down its decision in ACCC v Cement Australia, finding that Cement Australia had breached section 45. The ACCC was, however, unsuccessful in its misuse of market power claim under section 46. See, for example, John Durie, 'Mixed success in ACCC case against Cement Australia' (The Australian, 10 September 2013) and Global Cement, 'Australia Cement broke competition law with fly ash contract' (10 September 2013). The full decision (apparently around 500 pages) has not yet been published. See also ACCC press release.

]]> Tue, 10 Sep 2013 08:48:40 +1000 http://australiancompetitionlaw.org/news.html According to the Australian Financial Review (Matthew Drummond, 'ACCC acts on egg industry cartel accusation', 10 Sept 2013 (page 3)), the ACCC is investigating whether large egg producers have been manipulating prices. See also Richard Gluyas, 'Watchdog is aiming to get a fix on the price of eggs' (The Australian, 10 September 2013) and 'ACCC acts on egg producers: report' (Business Spectator, 9 September 2013).

]]> Tue, 10 Sep 2013 08:48:15 +1000 http://australiancompetitionlaw.org/news.html Alexandra Merrett has a piece in the Australian on shopper dockets and whether they are anti-competitive. See 'Are shopper dockets anti-competitive? Good luck proving it' (The Conversation, 5 September 2013)

]]> Fri, 06 Sep 2013 08:47:42 +1000 http://australiancompetitionlaw.org/news.html The International Competition Network has elected a new Chair, Andreas Mundt (current President of Germany's Bundeskartellamt). He takes over from Eduardo Perez Motta (Head of the Mexican Federal Competition Commission). There are currently 126 member agencies of the ICN. View statement by Andreas Mundt.

]]> Fri, 06 Sep 2013 08:46:47 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, spoke to the American Chamber of Commerce in Melbourne today, outlining the key functions of the ACCC and major issues currently confronting the ACCC. In it, he notes (again!) that the ACCC will be taking more competition cases in future and highlights the ACCC's recent involvement in merger activity (including the flurry of merger announcements in the past couple of days). View press release (full speech not yet available)

]]> Thu, 05 Sep 2013 14:31:03 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has announced that it will not oppose the proposed acquisition by Air New Zealand Limited (Air New Zealand) of an additional 6 per cent of Virgin Australia Holdings Pty Ltd (Virgin).' View press release. View merger register.

]]> Thu, 05 Sep 2013 14:30:41 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'will not oppose the proposed acquisition of Karrinyup Shopping Centre by Westfield Group (Westfield) and Westfield Retail Trust (WRT) after accepting a court enforceable undertaking to divest their ownership of a nearby shopping centre at Innaloo'. View press release. View merger register (including s 87B undertaking (redacted)). The ACCC has indicated a public competition assessment will be published in due course)

]]> Thu, 05 Sep 2013 14:30:10 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'will not oppose the proposed acquisition of Gambro AB by Baxter International Inc. after accepting an undertaking from Baxter to sell part of its Renal Replacement Therapy business.' View press release. View merger register (including s 87B undertaking). The ACCC has indicated a public competition assessment will be published in due course)

]]> Wed, 04 Sep 2013 14:29:46 +1000 http://australiancompetitionlaw.org/news.html The ACCC has 'issued a draft determination proposing to allow Holcim (Australia) Pty Ltd to continue to operate its concrete cartage allocation system.' View press release.

]]> Wed, 04 Sep 2013 14:29:25 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has issued a final determination granting conditional authorisation until 31 October 2018 for Virgin Australia and Air New Zealand Limited to continue their trans-Tasman alliance'. Commissioner Dr Jill Walker stated that the ACCC 'considers that the alliance is likely to result in material public benefits by partnering Virgin Australia’s domestic Australian network and sales presence with Air New Zealand’s domestic New Zealand network and sales presence to contribute to the formation of a second integrated Australasian network'. View press release. View authorisation register. See further, Kim de Kock (King&Wood Mallesons), 'Virgin and Air NZ Cleared for Further Take Off' (4 September 2013)

]]> Tue, 03 Sep 2013 14:29:02 +1000 http://australiancompetitionlaw.org/news.html The ACCC's Rod Sims has expressed concern about comments made by Qantas boss Alan Joyce regarding capacity in the market. See John Durie, 'Qantas's Alan Joyce hits raw nerve at ACCC with capacity comments' (The Australian, 3 September 2013); Adele Ferguson, 'Watchdog queries Qantas comments' (The Age, 3 September 2013)

]]> Tue, 03 Sep 2013 14:28:43 +1000 http://australiancompetitionlaw.org/news.html press release. View issues paper.]]> Tue, 03 Sep 2013 14:28:22 +1000 http://australiancompetitionlaw.org/news.html A Senate committee (Rural and Regional Affairs and Transport References Committee), chaired by Bill Heffernan, released an Interim Report on 30 August calling on the ACCC to reopen is review of the proposed takeover of GrainCorp by Archer Daniels Midland, which it indicated it will not oppose in 27 June 2013. The 59 page report claims the ACCC did not 'have the necessary expertise to undertake a full and proper review of ADM's bid' and did not 'obtain independent expert advice or assistance' (para 2.33). It further states that 'the committee has significant doubts about the competition regulator's understanding of the grain sector or the implications of ADM's bid' (para 2.39) and that 'the importance of the grains industry to Australian farmers and to the national economy warranted a closer and more informed inspection by the ACCC.' (para 2.42) In particular, the committee expressed the view that the 'current cross-ownership arrangements in the Australian grain handling market were not properly considered in the [ACCC's] informal review of the takeover bid.' (para 4.2).

Specifically, the Senate Committee recommended: (1) that the ACCC re-open its informal review of ADM's proposed acquisition of GrainCorp and obtain independent expert advice when conducting that review; (2) that the Foreign Investment Review Board (FIRB) consider evidence from the committee's hearings, potential loss of taxpayer revenie, the potential for the takover to 'distort the capital market to the detriment of Australian farmers and Australia's economy due to food security concerns' and the need to 'protect the public interest and the interests of grain growers' when making its recommendation to the Treasurer.

See also, Michael Whitbourne, 'GrainCorp inquiry hears of intimidation tactics' (AFR, 16 July 2013), 'Senate calls for more scrutiny of Archer Daniels Midland' (The Rural, 2 September 2013), David Stringger, 'ADM’s Offer for GrainCorp Needs More Scrutiny, Lawmakers Say' (Bloomberg, 30 August 2013) and Business Spectator, 'Senate baulks at GrainCorp takeover' (31 August 2013).

]]> Mon, 02 Sep 2013 12:05:21 +1000 http://australiancompetitionlaw.org/news.html The ACCC has announced that it will not oppose the proposed acquisition by Woolworths Limited (Woolworths) of three Supa IGA supermarkets, located in Queensland' (Banksia Beach, Rasmussena nd Riverside Gardens), concluding that despite 'Woolworths’ increase in market share, it would remain constrained by other supermarkets in the local markets with different offerings'. View press release. View merger register.

]]> Thu, 29 Aug 2013 20:12:13 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released its public competition assessment relating to its decision to opose the proposed acquisition by Sonic Healthcare of the pathology business of Healthscope Limited in Queensland and its decision not to oppose Sonic's proposed acquistion of the pathology business of Healthscope in Western Australia. The PCA comes more than 10 months after the ACCC announced its decision. View Merger Register.

]]> Thu, 29 Aug 2013 11:44:03 +1000 http://australiancompetitionlaw.org/news.html The ACCC has indicated it will not oppose the proposed acquisition by APA Group of Envestra LIimited. The competition analysis states that, in relation to concerns about vertical integration 'APA's ability to engage in foreclosure strategies was limited by pricing regulation that applied to the Adelaide distribution network [and] the proposed acquisition was unlikely to provide APA with the incentive to foreclose rivals by providing discounts to (or otherwise favour) customers using the SEAgas instead of the competing Moomba to Adelaide pipeline in order to stimulate additional volumes over SEAgas. ...'. View merger register.

]]> Wed, 28 Aug 2013 23:43:27 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft decision proposing to allow the Rural Doctors Association of Australia and its state associations 'continue to collectively negotiate with state and territory health departments, on behalf of rural doctors.' View press release. View authorisation register.

]]> Wed, 28 Aug 2013 21:21:58 +1000 http://australiancompetitionlaw.org/news.html Supermarket power is in the media again, with Malcolm Turnbull stating yesterday that he believed the leverage of the major supermarkets is 'without precedent anywhere else in the world' and their dominance 'extraordinary'. The coalition has re-iterated its promise to conduct a 'root and branch' review of competition law if elected. See Anna Vidot, 'Supermarkts have 'extraordinary' power: Turnbull' (ABC Rural, 27 August 2013)

]]> Wed, 28 Aug 2013 16:59:37 +1000 http://australiancompetitionlaw.org/news.html There is an item in today's Australian by Damon Kitney and Andrew White - 'We are an oligopoly economy: Robb', describing opposition finance spokesman, Andrew Robb's, statements at the Global Food Forum series in Sydney, that Australians 'should not be opposed to create national champion's and claiming 'Australians need to accept that the nation is an "oligopoly economy"'.

]]> Mon, 19 Aug 2013 16:59:17 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released its latest quarterly report. It notes, amongst other things, that the ACCC pre-assessed 87 potential mergers and reviewed 22 in the June quarter, including Virgin's acquisition of a stake in Tiger. Of these, two were opposed outright, in three the ACCC expressed concerns and in two cases variations to undertakings were accepted (the stat's on page 7 appear slightly out). View press release.

]]> Thu, 15 Aug 2013 16:58:46 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing not to accept Emerald Logistic Services Pty Ltd's proposed wheat port access undertaking; however a draft revised undertaking drafted by Emerald addresses ACCC concerns and, if re-submitted in that form, the ACCC is likely to accept it. View press release.

]]> Wed, 14 Aug 2013 16:58:16 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims' address to the Law Council of Australia's Competition and Consumer Workshop is now available from the ACCC website. In it, he provides a tribute to Ron Bannerman, sets out regulatory issues for 2013, discusses the review of the Merger Review Process Guidelines, talks about compliance and enforcement, addresses some consumer issues and discusses ACCC engagement in the region.

Mergers: In relation to mergers Sims noted that the ACCC's 'main focus will be on a real world understanding of market structure and import competition, entry barriers, countervailing power and the overall competition process' rather than 'complex theories and detailed modelling'. He also noted that the ACCC was 'close to finalising the revised Process Guidelines', noting one of the key changes was to move away from the practice of setting 6-8 week standard review periods for all public merger reviews, noting that in complex cases reviews will often take longer than eight weeks and that in some cases review periods will be extended to coordinate reviews with other agencies. Sims also acknowledged concerns about the timeframes for publishing public competition assessments, noting that the ACCC has 'undertaken steps internally to streamline our processes for preparing PCAs' and will aim to publish within 30 days of announcing its final decision.

Compliance and enforcement: Sims noted that the ACCC wins around 80 per cent of cases it takes. Focus is consumer law, but Sims also focussed a lot on the 'largest penalties for cartel conduct in the history of the ACCC' - this is cumulatively and relates to the international air cargo cartel, for which many regulators can claim success. Sims also noted there had been five competition proceedings instituted in the 2011-2012 financial year (four alleging cartels and one (against Visa) alleging misuse of market power and exclusive dealing). Once again Sims promised more competition cases in the coming year. Sims also spoke about the ACCC's review of its immunity policy for cartel conduct, which he anticipates will be finalised in the coming months, with a discussion paper to be released in September.

International engagement: Sims noted that ACCC efforts to maximise engagement in the Asian region are continuing and that the ACCC will host the ICN annual conference in 2015.

]]> Mon, 12 Aug 2013 14:06:58 +1000 http://australiancompetitionlaw.org/news.html Michael Bradley and Kiran Bath from Marque Lawyers have written a brief piece on 'Petrol wars and predatory pricing - the ACCC's latest rant on the mega merger duopoly'. Available from Mondaq and well worth reading.

]]> Fri, 09 Aug 2013 15:34:21 +1000 http://australiancompetitionlaw.org/news.html Damien Carrick's The Law Report on Tuesday focussed on the ACCC's investigations into the Australian supermarket industry. Download audio and view related article.

]]> Fri, 09 Aug 2013 11:09:37 +1000 http://australiancompetitionlaw.org/news.html Gilbert + Tobin have released their 'State of the M&A Nation 2013 Mid-Year Update' in which they observe (as others have) that the timeline for mergers requiring ACCC approval 'seem to be getting longer', with complex transactions expected to take approximately 26 weeks or more to review. They observe, however, that this has not led to increased oppositions, alathough there is a clear reluctance to approve mergers in concentrated industries. The report also discusses the impact of cross-border mergers requiring clearance in China; in particular, low threshold triggers and a 'notoriously slow' clearance process.

]]> Fri, 09 Aug 2013 09:13:00 +1000 http://australiancompetitionlaw.org/news.html Ben Wilmot has a piece in today's Australian on Westfield's proposed acquisition of the Karrinyup Shopping Centre: 'Westfield push for control in Perth' (8 August 2013). The ACCC commenced an initial review back in August 2011 which was suspended in December that year and a new informal review commenced 22 July 2013. Market Inquiry letters were sent on 25 July and interested parties have until tomorrow (9 August) to make submissions. View the ACCC's merger register.

]]> Thu, 08 Aug 2013 09:25:33 +1000 http://australiancompetitionlaw.org/news.html Mark McCowan and Alistair Newton from Corrs have a Mondaq piece on 'International price discrimination and parallel importing - Time to take a deep breath'. It is well worth reading.

]]> Tue, 06 Aug 2013 15:33:16 +1000 http://australiancompetitionlaw.org/news.html The ACCC commenced a review of APA's bid for pipeline distributor, Envestra Ltd, on 26 July. Market inquiry letters were sent on 31 July and interested parties are invited to commend by 14 August. A decision is anticipated on 5 September. Matt Chambers has an item on the review in today's Australian: 'Envestra bid in ACCC's sights' (The Australian, 6 July 2013).

]]> Tue, 06 Aug 2013 09:12:31 +1000 http://australiancompetitionlaw.org/news.html Matthew Drummond has a piece today ('Cut prices not petrol: ACCC' (AFR, 5 August 2013)) discussing Sims' comments on supermarket and shopper dockets and the lengthy decision making process for Telstra's bid for Adam Internet.

]]> Mon, 05 Aug 2013 09:12:10 +1000 http://australiancompetitionlaw.org/news.html Fairfax media has posted its full interview with Rod Sims online. The video runs for just over 25 minutes. View here.

]]> Sun, 04 Aug 2013 11:41:08 +1000 http://australiancompetitionlaw.org/news.html Fairfax media's Ruth Williams has an item today on Chairman Rod Sims - 'Competition boss wears frustrations of his post lightly'. It's a (relatively) lengthy piece covering Sims' two years at the helm of the ACCC.

]]> Sat, 03 Aug 2013 10:53:27 +1000 http://australiancompetitionlaw.org/news.html Today a Public Symposium on Supermarket Power in Australia was held in Melbourne. The Symposium, organised by University of Melbourne's Competition Law & Economics Network and Monash University's Centre for Regulatory Studies, explored a wide range of issues arising from the structure of Australia's supermarket industry. The first sessions were devoted to industry structure and competition law issues, with a fascinating firstsession from Craig Woolford from Citi on Trends in the Australian Grocery Sector. This was followed by sessions from Dr Alexandra Merrett, former ACCC Chairman, Graeme Samuel and former ACCC Mergers Commissioner, Professor Stephen King assessing the state of competition in the supermarket industry in Australia and then by sessions from Professor Harmen Oppewal and Ms Rona Bar-Isaac offering some UK perspectives, including a video (available on YouTube) from new UK Groceries Code Adjudicator Ms Christine Tacon. Post lunch sessions deviated from a competition focus, addressing broader social issues surrounding the supermarket industry and the final session returned to a competition focus with Greens Senator Peter Whish-Wilson outlining the Greens' approach to competition in retailing. Plenty of media. See, for example, AAP, 'Supermarkets are competitive: ex-ACCC head' (news.com.au 1 August 2013) Rob Harris, 'Greens want to tackle supermarket duopoly' (Weekly Times, 1 August 2013), Matthew Drummond, 'Samuel ups ante on supermarkets' (The Land, 2 August 2013), Cameron Wilson, 'Supermarkets under the spotlight' (Bush Telegraph, 1 August 2013)

]]> Thu, 01 Aug 2013 18:10:30 +1000 http://australiancompetitionlaw.org/news.html Greens Senator Peter Whish-Wilson outlined the Greens' approach to competition in retailing (see also PDF policy outline) at today's Public Symposium on Supermarket Power in Australia in Melbourne. It comes as no big surprise that the focus is supermarket. The policy states that it will:

• placing a temporary ban on expansion by Coles and Woolworths, while the ACCC 'carries out an ex-post assessment into their decisions relating to the grocery market';
• prevent ' the supermarket duopoly from purchasing agricultural land, to ensure they aren’t able to completely control the whole supply chain';
• strengthen competition law 'to ensure companies are unable to abuse their market power, including giving the ACCC broad divestiture powers' which would allow them to 'split up companies who have too much market power'. Related to this, the policy states that it will outlaw price discrimination and introduce an effects test for misuse of market power (some of the many reasons for not doing this were expressed at the Symposium)
• extend the 'Australian Consumer Law framework dealing with unfair contract terms to business-to-business agreements involving small business and farmers';
• increase ' the resources and effectiveness of Australia’s competition watchdog ACCC' (including by providing the ACCC with a 50% incease ($100m) over current legal expense budget.

See, for example, Rob Harris, 'Greens want to tackle supermarket duopoly' (Weekly Times, 1 August 2013) and Alanand Peter Martin, 'Greens set to take on supermarket giants' (Sydney Morning Herald, 31 July 2013)

]]> Thu, 01 Aug 2013 18:07:30 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released a statement paying tribute to Ron Bannerman, former Chairman of the Trade Practices Commission, who passed away last Saturday. See 'ACCC says farewell to Ronald Moore Bannerman AO' (31 July 2013). For more detail on the role of Ron Bannerman in the development of Australian competition policy see also David Merrett, Stephen Corones and David Round, 'The introduction of competition policy in Australia: the role of Ron Bannerman' (2007) 47(2) Australian Economic History Review 178-199.

]]> Thu, 01 Aug 2013 18:05:30 +1000 http://australiancompetitionlaw.org/news.html The ACCC has now released the Virgin/Tiger Airways Public Competition Assessment, just over three months after it announced its decision not to oppose the Virgin's 60% acquisition of Tiger Airways. View the merger register, including PCA. Last week the ACCC also released the PCA for the Heinz proposed acquisition of Rafferty's Garden, which it announced it would not oppose on 6 June 2013. View merger register and PCA.

]]> Wed, 31 Jul 2013 18:05:30 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a press release noting concerns expressed by Chairman Rod Sims about the escalating shopper docket petrol discounts. At a speech to the Australian Institute of Company Directors, Sims stated that the 'ACCC believes this activity is likely to have a negative impact on competition in the petrol industry' and is 'investigating whether the duration, frequency and extent of these fuel offers may have an adverse impact on the underlying level of fuel prices'. The press release also notes that the ACCC ivnestigation into shopper dockets by major supermarkets (which commenced mid-2012) is 'nearing completion' and will be finalised in the next few months. View press release.

]]> Mon, 29 Jul 2013 11:05:30 +1000 http://www.australiancompetitionlaw.org/news.html Nick Xenophon is once again getting excited about competition law issues. This week he's targetting fuel discounters and Apple. See, for example, David Firth, 'Nick Xenophon sets ACCC tentacles on e-books' (The Australian, 23 July 2013, reporting that the ACCC has turned down Xenophon's request to investigate the pricing of electronic books in Australia and suggesting Xenophon petition the ACCC to investigate the price of Aussie seafood instead ...), 'Nick Xenophon calls for probe on Apple e-book 'rip-off'', AAP, 'Xenophon slams fuel discounts' (Business Spectator, 19 July 2013). He is also still pretty excited about supermarkets - see the transcript from his appearance on The Project, 18 June 2013 discussing his 'Reducing Supermarket Dominance Bill' (in which he describes teaming up with Bob Katter as a 'bromance' ...).

]]> Tue, 23 Jul 2013 10:56:23 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC 'has granted interim authorisation for Queensland power generators ... to jointly renegotiate existing coal supply arrangements with Anglo Coal.' View press release. View authorisation register.

]]> Wed, 17 Jul 2013 10:56:07 +1000 http://www.australiancompetitionlaw.org/news.html The appeal from Justice Gordon's decision in Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 will commence in Melbourne on 4 November 2013 and is estimated to run for up to 4 days. This follows Marshall ordered that the 'appeal be listed for hearing in the Full Court and Appellate Sittings of the Court in Melbourne commencing on 4 November 2013 before a Full Court, with an estimate of up to 4 days.' (orders of Justice Marshall on 12 July 2013).

]]> Tue, 16 Jul 2013 09:50:47 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has instituted civil proceedings against Koyo Australia Pty Ltd for alleged cartel conduct in relation to the supply of ball and other roller bearings. It alleges Koyo and at least two competitors made and gave effect to two separate cartel arrangements for an increase in the price of bearings. View press release. A directions hearing is set for 14 August in Sydney.

]]> Mon, 15 Jul 2013 09:50:27 +1000 http://www.australiancompetitionlaw.org/news.html The Age reports that the ACCC is investigating an alleged secret deal by James Packer to keep Crown out of Brisbane if Echo Entertainment agreed to let him into Sydney's market. View Mark Hawthorne and Ruth Williams, 'ACCC probe into Packer for casino 'secret deal'' (The Age, 13 July 2013). See also David Stringer, 'Australian Regulator to Check Report on Echo Chairman Comment' (BloombergBusinessWeek, 13 July 2013)

]]> Sat, 13 Jul 2013 09:50:04 +1000 http://www.australiancompetitionlaw.org/news.html Dr Martyn Taylor fron Norton Rose Fulbright has published his predictions for Australian competition regulation in the current financial year: see Martyn Taylor, 'Australian competition regulation: What should we expect for the 2013/14 financial year?' (July 2013). He also summarises key developments and trends over the last financial year.

]]> Fri, 12 Jul 2013 09:49:34 +1000 http://www.australiancompetitionlaw.org/news.html Ok, it's not Australian competition law news, but I could not resist. District Judge Denise Cote (US District Court for the Southern District of New York) has (in a brief 160 page judgment) has ruled that Apple facilitated and directly participated in a horizontal conspiracy with named publishers to 'eliminate retail price competition in order to raise e-book prices'. Apple, Judge Cote held, 'played a central role in facilitating and executing that consipracy' and without 'Apple's orchestration of this conspiracy, it would not have succeeded as it did ...'. Apple, the Court held, knew the publishers wanted to increase the price of e-books and 'seized the moment and brilliantly played its hand' taking advantage of the publishers' 'fear of and frustration over Amazon's pricing'.

'Through the vehicle of the Apple agency agreements, the prices in the nascent e-book industry shifted upward, in some cases 50% or more for an individual title. Virtually overnight, Apple got an attractive, additional feature for its iPad and a guaranteed new revenue stream, and the Publisher Defendants removed Amazon’s ability to price their e-books at $9.99.'

There's even a heading in the judgement 'Conspiracy by Telepathy'. Judge Cote concluded that 'by by a preponderance of the evidence that Apple conspired to restrain trade in violation of Section 1 of the Sherman Act'. Well worth reading. View case. See also Competition Policy International, 'US: Verdict is in for Apple in ebooks case' with some brief commentary and links to other relevant content.

]]> Thu, 11 Jul 2013 09:02:07 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has issued a draft determination 'proposing to grant conditional authorisation for three years for Virgin Australia and Air New Zealand Limited to continue their trans-Tasman alliance.' View press release. View authorisation register.

]]> Wed, 10 Jul 2013 09:01:45 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed acquisition of Hawker Supa IGA by Woolworths. View press release. View merger register.

]]> Thu, 04 Jul 2013 10:30:41 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released its draft Merger Review Process Guidelines. Public consultation will run from 1 July - 19 July. See press release. There is some useful firm commentary on this. See, for example, notices from Allens><Linklaters and Clayton Utz.

]]> Mon, 01 Jul 2013 10:26:42 +1000 http://australiancompetitionlaw.org/news.html ACCC Executive General Manager, Marcus Bezzi, spoke to the Victorian Farmers Federation today about the ACCC's investigation into major supermarkets. View speech.

]]> Fri, 28 Jun 2013 11:04:51 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has updated its authorisation guidelines. Key changes include 'an explanation of the current practice of the ACCC in adopting a market failure framework for assessing public benefits and detriments', 'clarification of the ACCC’s approach to identifying the "future with and without"', 'recognition that the ACCC’s power to grant authorisation is discretionary' and 'clarification of the ACCC’s power to impose conditions when it grants authorisation.' View press release.

]]> Thu, 27 Jun 2013 10:26:18 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the ADM proposed acquisition of Graincorp. See press release. See merger register.

]]> Thu, 27 Jun 2013 10:25:50 +1000 http://www.australiancompetitionlaw.org/news.html 'The ACCC has granted interim authorisation to Holcim (Australia) Pty Ltd to extend the operation of its cartage allocation system for concrete carriers in Western Australia.' View press release. View authorisation register.

]]> Thu, 27 Jun 2013 10:23:39 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has released a draft determination proposing to authorise 'Wollongong City Council and Shellharbour City Council to jointly tender and contract for waste collection services and the processing of recyclable material.' Parties wishing to make submissions can do so until 12 July. View press release. View authorisation register.

]]> Wed, 26 Jun 2013 10:23:09 +1000 http://www.australiancompetitionlaw.org/news.html Professor Caron Beaton-Wells has an item in today's conversation discussing cartel immunity policies - 'Does immunity for cartel whistelblowers really work?'. It focuses on the ACCC's current review of Australia's cartel immunity policy.

]]> Thu, 20 Jun 2013 10:22:41 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has issued a draft decision propositing not to allow members of the Australian Society of Ophthalmologists to reach fee agreements within shared practices. View press release.

19 June 2013 - Road to competition reforms: the Australian experience

ACCC Chairman, Rod Sims, spoke to Latin American and Caribbean officials and regulators at a World Bank Group/INDECOI event today. View press release. View speech: 'Making markets work for increased productivity and growth: the Australian Experience'.

]]> Thu, 20 Jun 2013 15:18:49 +1000 http://www.australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, spoke to Latin American and Caribbean officials and regulators at a World Bank Group/INDECOI event today. View press release. View speech: 'Making markets work for increased productivity and growth: the Australian Experience'.

]]> Wed, 19 Jun 2013 15:18:02 +1000 http://australiancompetitionlaw.org/news.html The other private member's bill introduced yesterday was the Supermarket Dominance Bill 2013. This one was circulated by Bob Katter MP and supported by the collective wisdom of Nick Xenophon MP and Andrew Wilkie MP. This would make it an offence (subject to $50m penalty) to operate a supermarket business where that business (and related supermarket businesses) has a supermarket market share of: more than 40% for year 2 or more than 35% for year 3 etc to more than 20% for any later year. Essentially it requires reduction in market share of the major supermarkets to no larger than 20% progressively over a six year period. Other similar offences are included. It goes beyond supermarket retailing to 'household retail businesses' as well, aiming to 'ensure that the supermarket giants’ vast operations in “household retail businesses” are progressively reduced to 20% total market share throughout a 6 year period' (EM). The bill also involves setting up a Commissioner for Food Retailing.

This is one of the strangest bills I've read ... and there have been some shockers relating to competition policy in Australia. Margy Osmond of the ANRA has described the bill as 'ill-conceived and populist' (see Jacob Greber and Claire Stewart, 'MP's pressure supermarkets' (Australian Financial Review, 18 June 2013). Hard to argue with that asessment.

]]> Tue, 18 Jun 2013 13:11:18 +1000 http://australiancompetitionlaw.org/news.html The Competition and Consumer Amendment (Strengthening Rules About Misuse of Power) Bill 2013 was introduced into the House yesterday. It proposes insertion of a subsection (1AAAA)!!! This involves an effects based test for conduct engaged in by corporations with substantial market power. It also proposes further investigation powers for the ACCC where the ACCC 'reasonably believes that circumstances exist to indicate that there has been or might be a contravention of section 46'. It is a private members bill introduced by independent MP, Rob Oakeshott . The EM talks a lot about cheap milk. Rob Oakeshott's press release emphasises the bill's aim to 'help farmers'.

]]> Tue, 18 Jun 2013 11:05:00 +1000 http://australiancompetitionlaw.org/news.html The financial review reports that the Coalition is supporting the decision of the ACCC to block Woolworths' acquisition of a supermarket site at Glenmore Ridge. See Joanna Heath and Matthew Drummond, 'Coalition supports ACCC veto of Woolworths store' (Australian Financial Review, 11 June 2013)

]]> Tue, 11 Jun 2013 09:31:31 +1000 http://australiancompetitionlaw.org/news.html Plenty of media on yesterday's ACCC's merger decisions and, according to Sue Mitchell at the AFR, Woolworths is considering challenging the ACCC's decision. See, for example:

• Sue Mitchell, 'Woolworths to take on ACCC over sites' (AFR, 7 June 2013)
• John Durie, 'Consumers see Aldi as an alternative but the ACCC seems not to' (The Australian, 6 June 2013)
• John Durie, 'Ailing industries need innovation, not government aid' (The Australian, 7 June 2013) (stating, in part, that the 'decision itself should be challenged because it rests in the argument that consumers won't travel 10 minutes down the road to look for alternative supermarkets')
• 'Woolworths mulls ACCC appeal' (Business Spectator, 7 June 2013)
• Greg Roberts, 'ACCC blocks new Woolies store' (The Australian, 6 June 2013) and plenty more.

See also Heinz/Rafferty's Garden press release. See Woolworths/Glenmore Ridge press release.

]]> Fri, 07 Jun 2013 11:17:46 +1000 http://www.australiancompetitionlaw.org/news.html The ACCC has announced it will oppose the proposed acquisition of Rafferty's Garden by Heinz and the proposed acquisition by Woolworths of a supermarket site at Glenmore Ridge. See Heinz/Rafferty's Garden press release. See Woolworths/Glenmore Ridge press release.

]]> Thu, 06 Jun 2013 10:58:38 +1000 http://australiancompetitionlaw.org/news.html The ACCC is scheduled to announce a final decision in relation to two key merger proposals tomorrow. The first is the proposed Heinz takeover of Rafferty's Garden. The ACCC commenced its review on this one on 29 October 2012 and released a Statement of Issues on 7 February this year. The other releates to Woolworth's proposed acquisition of a supermarket site at Glenmore Ridge. This review commenced on 20 June 2012 and a Statement of Issues was released on 20 September. See also John Durie, Competition Watchdog set to rule on retail giants (The Australian, 5 June 2013).

]]> Wed, 05 Jun 2013 09:30:52 +1000 http://australiancompetitionlaw.org/news.html The ACCC has launched a new service charter focussing on the ACCC's 'effort to communicate technical work in plain English'. View press release. View charter.

]]> Tue, 04 Jun 2013 09:29:18 +1000 http://australiancompetitionlaw.org/news.html press release. View FAD. Plenty of media on this. See, for example, James Hutchinson, 'ACCC reduces wholesale broadband prices' (AFR, 30 May 2013) and Jordan Chong, 'ACCC lowers wholesale broadband prices' (The Australian, 31 May 2013)

30 May 2013 - ACCC does not oppose Ruralco's proposed acquisition of Elders Rural Services

The ACCC has announced it will not oppose Ruralco's proposed acquisition fo Elders Rural Services Limited. View press release. View merger register.]]> Thu, 30 May 2013 16:20:26 +1000 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 30 May 2013 16:20:07 +1000 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation to 'the RACQ and its Approved Repairers to allow them to set the labour rate for warranty repairs undertaken by another Approved Repairer.' View press release. View authorisation register.]]> Wed, 29 May 2013 16:19:46 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'proposes to authorise the Queensland Newsagents Federation and its members to collectively bargain with Tatts Group and its subsidiary Golden Casket for five years in relation to lottery products.' Interested parties wishing to comment on teh draft determination must do so by 21 June 2013. View press release. View authorisation register.

]]> Wed, 29 May 2013 16:19:21 +1000 http://australiancompetitionlaw.org/news.html The Productivity Commission has released it's draft report on the National Access Regime. Submissions on this report are due by Friday 5 July 2013. The final report is expected in October.

]]> Tue, 28 May 2013 08:50:58 +1000 http://australiancompetitionlaw.org/news.html This month's State of Competition (Issue 12 (May 2013)) by Rachel Trindade, Rhonda L Smith and Alexandra Merrett asks "The Australian difference: has the public benefit test been eroded?'" As always, well worth reading, particularly in light of the ACCC's review of its authorisation guidelines.

]]> Tue, 28 May 2013 08:50:36 +1000 http://australiancompetitionlaw.org/news.html Earlier this month, at the Competition Law Conference (4 May), the ACCC announced it would conduct a review into its immunity policy. Clayton Utz has produced a neat little note about this. Unlike the authorisation review, no information about the review seems to have been provided on the ACCC's website.

]]> Tue, 28 May 2013 08:50:19 +1000 http://australiancompetitionlaw.org/news.html press release. View inquiry home page.]]> Mon, 27 May 2013 08:50:00 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to authorise a number of inner-Sydney councils to jointly tender and contract for trhe processing of dry recyclable material. View press release. View authorisation register.

]]> Wed, 22 May 2013 08:49:35 +1000 http://australiancompetitionlaw.org/news.html In the past week the ACCC has commenced a number of new informal merger reviews, including:

• Woolworths' proposed acquisition of Supa IGA at Riverside Gardens, Bansia Beach and Rusmussen (commenced 14 May; submissions from interested parties due 4 June; proposed final decision: 4 July)
• Peregrine Corporation's proposed acquisition of 25 BP Australia's petrol retail sites in South Australia (commenced 15 May; submissions from interested parties due 20 June; proposed announcement of ACCC decision: 26 September) and
• Perpetual Limited's proposed acquisition of The Trust Company Ltd, for which a market inquiries letter has now been published (commenced 16 May; submissions due 7 June; proposed date for announcement of ACCC decision: 11 July).

]]> Tue, 21 May 2013 10:24:24 +1000 http://australiancompetitionlaw.org/news.html The presentation made by ACCC Commissioner, Jill Walker and ACCC Executive General Manager (Legal Group), Tim Grimwade, at the recent Competition Law Conference is now available to view online (PDF) - well worth a look. View presentation.

]]> Mon, 13 May 2013 13:30:07 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released its March 2013 quarterly report. View press release. In relation to competition enforcement it notes:

• eight carry over cases and one new case alleging misuse of market power (the Visa proceedings, initiated in Sydney on 4 Feb, alleging Visa 'misused its market power for the purposes of preventing the expansion of DCC to new merchant outlets in Australia and preventing businesses in Australia from supplying DCC services on ATMs in competition with Visa’s own currency conversion service'.
• there are eight ongoing cases, seven of which involve cartel or price fixing conduct and one involving misuse of market pwoer (Cement Australia; commenced 12 September 2008).
• one s 87B undertaking for alleged anti-competitive behavior by All Homes Pty Ltd.
• 65 mergers considered this quarter (51 pre-assessed as not requiring review; of the remaining matters 12 were cleared unconditionally, one was cleared on a confidential basis and in the remaining case the ACCC 'formed the view that it could nto make a decision without conducting public inquiries'). The document summarises the more significant merger reviews.
• Eight draft authorisation decisions, 12 final authorisation determinations and six interim decisions were made this quarter, the most significant being the Qantas/Emirates authorisation.
• Ninety-six exclusive dealing notifications were received and 78 were allowed to stand (the report sets out the more significant notifications). There was only one collective bargaining notification lodged during htis period - that was by the Manning Valley dairy farmers (these were lodged on 25 March so a decision was not made in the quarter; however, on 18 April the notifications were allowed to stand).
• Continuing investigations include price information sharing between fuel companies, shopper docket schemes, supermarket conduct (including allegations of MMP) and online cmpetition issues.
• The revised Compliance and Enforcement Policy was also released in February.

]]> Thu, 09 May 2013 10:21:24 +1000 http://australiancompetitionlaw.org/news.html ACT slashes supermarket competition policy' (ABC News, 7 May 2013)]]> Wed, 08 May 2013 09:54:47 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued Draft Authorisation Guidelines 2013 for comment. Submissions are due by Friday 31 May 2013. View press release.

]]> Mon, 06 May 2013 16:01:30 +1000 http://australiancompetitionlaw.org/news.html The Hodgekiss' put on another terrific Competition Law Conference in Sydney today, featuring, amongst others, The Honourable Dyson Heydon AC (Is the Competition and Consumer Act 2010 (Cth) in competition with itself?), Dr Jill Walker and Tim Grimwade from the ACCC (Mergers - A 20 Year Retrospective), Luke Woodward (Current Issues in Merger Reviews), Professor Stephen Corones and Carolyn Oddie (The Pitfalls of Public Announcements) and Professor Caron Beaton-Wells and Marcus Bezzi (The ACCC Immunity Policy for Cartel Conduct: Due for Review?). Look out for the 25th Anniversary of the conference in May 2014. Sat, 04 May 2013 20:53:14 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft determination proposing to allow the 'RACQ and its Approved Repairers to set the labour rate for warranty repairs undertaken by another Approved Repairer. “Under the proposed repair warranty scheme, any defects in an original repair can be fixed by any RACQ Approved Repairer at no cost to the member.”'. The ACCC considers taht any detriment associated with the agreement would be 'limited by the competitive nature of the automotive repair industry in Queensland'. View press release. View authorisation register.

]]> Thu, 02 May 2013 11:53:11 +1000 http://australiancompetitionlaw.org/news.html The ACCC has released its annual report on the major airports (Airport Monitoring Report 2011-2012), finding that airports remain profitable but service has dropped. See ACCC Press release. See, eg, Steve Creedy, 'Airports in profit, but service suffers, ACCC report finds' (30 April 2013)

]]> Tue, 30 Apr 2013 09:48:30 +1000 http://australiancompetitionlaw.org/news.html The ACCC is now monitoring Archer Daniels Midland Company's possible takeover of GrainCorp Limited. View merger register. Plenty of interest in this. See, for example:

• ABC News, 'VFF keen for ACCC view of GrainCorp takeover' (29 April 2013)
• Sue Neales and Andrew White, 'ACCC to probe $3.4bn foreign GrainCorp sale' (The Australian, 27 April 27)
• 'ADM's GrainCorp bid under fire' (Business Spectator, 29 April 2013)
• Blair Speedy and Sue Neales, 'Analysts await details of financing for ADM's GrainCorp bid' (The Australian, 29 April 2013).

]]> Mon, 29 Apr 2013 09:47:21 +1000 http://australiancompetitionlaw.org/news.html The International Competition Network (ICN) held its 12th annual meeting on 24-26 April 2013, in Warsaw, Poland. See ACCC Press Release. View program and documents (including Statement of Achievements 2001-2013 and, of particular interest, the Report on the OECD/ICN Survey on International Enforcement Co-operation (all 251 pages)).

]]> Mon, 29 Apr 2013 09:46:31 +1000 http://australiancompetitionlaw.org/news.html The AFR had an item on Abbott's planned competition law review yesterday: Fleur Anderson, 'Abbott plans laws inquiry' (Australian Financial Review, 23 April 2013, page 8). The article claims the Coalition is planning a 'Henry reviewstyle inquiry into competition laws, including an investigation into the market dominance of supermarket chains, within the first 100 days of an Abbott government'. It claims the inquiry will be the first since Hilmer in 1993 (apparently they overlooked the Dawson Inquiry). The article notes opposition small business spokesman, Bruce Billson, is drafting the terms of reference for the review.

]]> Wed, 24 Apr 2013 20:41:26 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, has delivered a speech to a World Bank Forum in Poland entitled 'Making markets work for development: A reform agenda on competition'. View press release.

]]> Wed, 24 Apr 2013 11:45:43 +1000 http://australiancompetitionlaw.org/news.html The Tribunal has now published its reasons for decision in Application by Co-operative Bulk Handling Limited (No 3) [2013] ACompT 3, redacted in respect of commercially confidentail information (it still runs to 88 pages, so make sure you brew a decent cup of coffee before settling down for a read).

]]> Wed, 24 Apr 2013 10:50:33 +1000 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose Virgin Australia’s proposed acquisition of 60% of Tiger Australia. ACCC Chairman, Rod Sims, stated that the ACCC's view was that 'this acquisition is unlikely to lead to a substantial lessening of competition in the Australian market for domestic air passenger transport services'. This was based largely on their assessment that 'Tiger Australia would be highly unlikely to remain in the local market if the proposed acquisition didn’t proceed'. The ACCC's review commenced on 2 November 2012; the timeline for review was suspended twice.

• View ACCC press release.
• View merger register.

See also plenty of commentary on this - for example:

• Matt O'Sullivan, 'Green light for Virgin-Tiger deal' and 'Virgin-Tiger deal: short-term pain, long-term gain' (The Age, 23 April 2013)
• Samantha Donovan, 'ACCC Clears Virgin-Tiger merger' (ABC news (transcript of interview with Rod Sims), 23 April 2013)
• Matthew Smith, 'Back to a duopoly: ACCC removes chocks on Virgin-Tiger deal' (BRW, 23 April 2013)
• Steve Creedy, 'Jobs and aircraft saved as watchdog approves Virgin Australia-Tiger deal' (The Australian, 24 April 2013).

]]> Tue, 23 Apr 2013 19:28:52 +1000 http://australiancompetitionlaw.org/news.html Alexadnra Merrett has an opinion piece in The Conversation: 'Coles' milk deal gives supermarket suppliers a reason to be sour'. Well worth a read, as always.

]]> Tue, 23 Apr 2013 12:36:37 +1000 http://australiancompetitionlaw.org/news.html The Tribunal has affirmed the ACCC's decision to revoke Co-operative Bulk Handling Limited's (CBH's) exclusive dealing notification, 'which allowed CBH to require Western Australian grain growers and marketers who use its 'up-country' storage facilities to also use its transport services to deliver grain to port for export.'

• View press release.
• View ACCC notification register.
• View Tribunal ruling (Application by Co-operative Bulk Handling Limited (No 3) [2013] ACompT 3 ) (note, reasons for ruling to be published on 24 April).

]]> Fri, 19 Apr 2013 10:04:25 +1000 http://australiancompetitionlaw.org/news.html press release. View public register. See also, Kim Honan, 'Woolworths dairy farmers given tick' (18 April 2013, ABC Rural)]]> Thu, 18 Apr 2013 08:45:36 +1000 http://australiancompetitionlaw.org/news.html press release. View speech.]]> Thu, 18 Apr 2013 08:45:10 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 17 Apr 2013 20:39:16 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 17 Apr 2013 20:38:49 +1000 http://australiancompetitionlaw.org/news.html merger register. See also John Durie, 'Virgin line on Tiger requires leap of faith' (The Australian, 12 April 2013) and Ben Sandilands, 'ACCC resets the clock on Virgin-Tiger deal' (Crikey, 16 April 2013)

11 April 2013 - ACCC clears Agrium Inc's proposed acquisition of Viterra's agri-products retail business

]]> Thu, 11 Apr 2013 21:36:35 +1000 http://australiancompetitionlaw.org/news.html merger register.]]> Thu, 11 Apr 2013 20:34:03 +1000 http://australiancompetitionlaw.org/news.html View merger register.]]> Thu, 11 Apr 2013 20:34:48 +1000 http://australiancompetitionlaw.org/news.html merger register.]]> Wed, 10 Apr 2013 20:36:58 +1000 http://australiancompetitionlaw.org/news.html TGIF - a new TSOC to warm out inboxes. This time Rachel Trindade and Alexandra Merrett discuss 'A road map to statutory immunity in Australia', looking at Australia's authorisation and notification processes. Read it now at The State of Competition.

]]> Fri, 05 Apr 2013 11:56:54 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a draft decision on NBN Co's revised Special Access Undertaking. View ACCC press release. Plenty of media on this. See, for example:

• Supratim Adhihari, 'ACCC's NBN access noose' (Business Spectator - Technology Spectator, 5 April)
• Peter Cai, 'ACCC seeks more control on NBN prices' (The Age, 5 April 2013)

]]> Thu, 04 Apr 2013 11:56:00 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation to Wollongong City Council and Shellharbour City Council 'to enable them to request and evaluate tenders for the collection of waste and the processing of recyclables'. View ACCC press release.

]]> Thu, 04 Apr 2013 11:55:30 +1100 http://australiancompetitionlaw.org/news.html Adele Fergusen has an item in The Age today about the ongoing delay in assessing the Virgin/Tiger merger: see Adele Ferguson, 'Virgin has Tiger by the tail as ACCC dawdles' (The Age, 29 March 2013). View ACCC merger register.

]]> Thu, 28 Mar 2013 18:25:15 +1100 http://australiancompetitionlaw.org/news.html The ACCC has indicated it will not oppose the proposed acquisition by Sensis of TrueLocal. View merger register. See also 'ACCC approves Sensis acquisition of TrueLocal' (The Australian, 28 March 2013)

]]> Thu, 28 Mar 2013 18:24:41 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation for the proposed Qantas/Emirates alliance until 31 March 2018. The authorisation is conditional on the airlines maintaiing 'at least their pre-alliance aggregate capacity on the four overlapping trans-Tasman routes, subject to a review to consider whether increases in the minimum required capacity are warranted'.

• View press release.
• View authorisation register (on transition site).
• View Qantas/Emirates press release.
• See also 'ACCC approves Qantas-Emirates deal: the experts respond' (The Conversation, 27 March 2013) (authored by Sunanda Creagh and involving interviews with David Beirman, Tony Webber and Hamza Bendemra).

]]> Wed, 27 Mar 2013 14:27:01 +1100 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, spoke to the National Press Club today, outlining the ACCC's 'role in making the market economy work as it should for all Australians'. View press release. View speech: 'Economic philosophy and the ACCC (and we are all economic philosophers)'.

]]> Wed, 27 Mar 2013 14:26:33 +1100 http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation to allow dentists who share practices to agree on fees, provided on party is a member of the Australian Dental Association. View ACCC press release.

]]> Wed, 27 Mar 2013 11:54:45 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register (on transition site).]]> Tue, 26 Mar 2013 13:59:55 +1100 http://australiancompetitionlaw.org/news.html The ACCC is hosting the IBA's 9th Competition Mid-Year Conference in Sydney. ACCC Chairman, Rod Sims, opened the event yesterday, again noting that the 'ACCC has in the order of 30 in-depth competition investigations, under way covering many fascinating issues", including around 10 relating to cartels and 10 to misuse of market power. See press release. Read Sims' opening address.

]]> Fri, 22 Mar 2013 15:39:53 +1100 http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the CBA's 'proposed acquisition of the remaining 67% of the issued capital in AHL Holdings Pty Limited (Aussie Home Loans)'. ACCC commenced review on 11 January and lists review days as 40 (excluding weekends, public holidays and suspension while further information sought from 8-19 February). Actual days from commencement was 70. View press release. View merger register (transition site). See also Clancy Yeates, 'ACCC signs off on CBA stake in Aussie' (Brisbane Times, 21 March 2013)

]]> Thu, 21 Mar 2013 13:51:08 +1100 http://australiancompetitionlaw.org/news.html The ACCC has 'issued a final decision allowing the Australian Newsagents’ Federation (ANF) and its members to collectively bargain with Tatts Lotteries SA for a period of five years.' View press release. View authorisation register (transition site).

]]> Wed, 20 Mar 2013 13:39:31 +1100 http://australiancompetitionlaw.org/news.html The issue of media mergers is back in the news as the Senate Standing Committees on Environment and Communications review the government's Media Reform Bills Package, introduced into the House on 14 March. The first public hearing was held in Canberra yesterday and continues today. Kicking off proceedings at 12:40pm will be the Hon Ray Finkelstein QC, former President of the Competition Tribunal and chair of the Independent Media Inquiry (2011-2012). Other witnesses include the CEO of the ACCC, Mr Brian Cassidy and Ms Rose Webb, Executive General Manager, ACCC Mergers and Adjudication Group. Of most interest for competition law purposes is the Broadcasting Legislation Amendment (News Media Diverstiy) Bill 2013 which, if passed, will add a public interest test (focussing on substantial lessening of diversity) - for media mergers, to be determined by a Public Interest Media Advocate (PIMA). This will apply over and above the s 50 SLC test.

For media see AAP, 'ACCC should judge merits of media mergers: Nine' (Business Spectator, 19 March 2013) and Ben Packham and David Crowe, 'Regional networks divided over proposed changes to TV reach rules' (The Australian, 18 March 2013). See also Matthew Drummond and John McDuling, '' 'Sims open door to more media mergers' (Australian Financial Review, 6 March 2013). Submissions on these bills are due by 26 April 2013 with a reporting date of 17 June. To date, submissions have been received from 'Save Our SBS Inc', Seven West Media, Network Ten and Dr Margaret Simons (Director, Centre for Advancing Journalism, University of Melbourne).

]]> Tue, 19 Mar 2013 10:24:13 +1100 http://australiancompetitionlaw.org/news.html Shadow Minister for Small Business, Competition Policy and Consumer Affairs, Bruce Billson has been speaking - again - of a full 'son of Hilmer' review of competition laws if the coalition takes government. Once again misuse of market power provisions have been signled out for attention, with Billson seeing value in an 'effects' test. See, for example, John Rolfe, 'Coalition's Bruce Billson wants to rewrite CCC misuse of market power laws' (The Daily Telegraph, 18 March 2013). See also my 2013 fortune telling note in the CPI Antitrust Chronicle (expressing concerns about politicisation of competition policy in the lead up to the federal election).

]]> Tue, 19 Mar 2013 03:38:05 +1100 http://australiancompetitionlaw.org/news.html One consequence of the ACCC's new website is that (for reasons unknown - possibly just to annoy me) most URL's have now changed. As a result, all links on this site to past ACCC press releases are now dead. The ACCC site is currently in a transition mode, so links to merger registers, guidelines etc still seem ok (they lead to old style pages), but are likely to die as these pages transition to the new format (I don't know why they released the new site before this was complete). I will endeavour to update key links as the transition progresses, but there will no doubt be some glitches with links during this process so please bear with me ... all new media and register links should be fine.

]]> Thu, 28 Feb 2013 20:45:12 GMT http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation for central Qld coal producers to 'collectively bargain with Adani Mining for access to its new coal terminal at Dudgeon Point, and with Aurizon Network (previously QR Network) for access to below rail infrastructure to transport their coal to the terminal.' View press release. View public register (on the transition site)

]]> Thu, 14 Mar 2013 10:31:22 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has granted interim authorisation to the Queensland Newsagents Federation (QNF) to allow it and its members to collectively bargain with Golden Casket.' View press release. View authorisation register.

]]> Thu, 28 Feb 2013 20:44:57 GMT http://australiancompetitionlaw.org/news.html The ACCC 'has authorised the Australian Writers’ Guild (AWG) to collectively negotiate the terms of engagement of freelance playwrights with the Major Performing Arts Board Theatres and any other major theatre company that may wish to participate for ten years.' View press release. View authorisation register.

]]> Thu, 28 Feb 2013 20:44:38 GMT http://australiancompetitionlaw.org/news.html The ACCC and NZCC signed a cooperation agreement today to 'share compulsorily acquired information and provide investigative assistance'. Sims claims that, with this agreement, 'we now have what is probably the most complete set of cooperation arrangements in place globally - outside countries who have established cross border enforcers, such as the EU'. View press release. View Sims' speech. View agreement (unfortunately just a pretty bad quality scan). Other agreements can be viewed on the ACCC's Treaties and Agreements page.

]]> Wed, 27 Feb 2013 20:44:15 GMT http://australiancompetitionlaw.org/news.html The ACCC has 'granted interim authorisation to a number of inner Sydney councils' to enable them to 'request and evaluate new tenders for the processing of dry recycling material within the Sydney metropolitan area'. View press release. View authorisation register (still on transition site, so apologies if the link dies)

]]> Wed, 27 Feb 2013 20:43:57 GMT http://australiancompetitionlaw.org/news.html The December 2012 quarterly report has now been published. View press release. View report (still part of the transition website)

]]> Wed, 27 Feb 2013 20:43:28 GMT http://australiancompetitionlaw.org/news.html This week the ACCC launched its new web site. It looks better. Usability yet to be tested. They've also beefed up their social media presence - they've added Twitter and Facebook feeds as well as adding to their YouTube channel.

]]> Wed, 27 Feb 2013 12:29:31 GMT http://australiancompetitionlaw.org/news.html The ACCC's new Compliance and Enforcement Policy was released today, outlining 'the ACCC's priority areas for the year and sets out the factors to be taken into account when deciding whether to pursue matters.' The document itself runs to 5 pages (including a cover page). View press release. View Sims' speech, launching the new policy, at a CEDA function in Sydney. There is nothing much new on the competition law front, other than Sims' repeated promise that we can expect 'an increase its rate of intervention in competition matters' by the ACCC. Reference to prioritising concentrated sectors, particularly supermarkets and fuel also came as no surprise.

In his speech Sims spoke a bit about mergers (there is not a single reference to mergers in the Policy document itself). He noted that 'ACCC has responded to calls by the trade practices and business community for increased transparency and engagement with the ACCC during the course of merger reviews', but also noted that the 'increased level of transparency and engagement must, however, slow the process down' (it has been widely observed tha the process has slowed since the Metcash decision; see, for example, 'Howzat! The War on Mergers' from the crew at State of Competition) In his speech he went on to say that the ACCC is revising its Informal Merger Process Guidelines and will be consulting with stakeholders on a revised draft in the coming months.

]]> Thu, 21 Feb 2013 12:52:35 GMT http://australiancompetitionlaw.org/news.html The ACCC has granted authorisation 'to allow individual General Practitioners (GPs) working in shared practices to set prices and collectively bargain'. View press release. View authorisation register.

ncompetitionlaw.org/news.html]]> Thu, 21 Feb 2013 12:26:48 GMT http://australiancompetitionlaw.org/news.html Watchdog gets tough on retail' (The Age, 21 February 2013). The focus of supermarkets and fuel is nothing new - the ACCC has been talking about it for some time - but it will be worth having a look at the speech to see if any further detail is released. The speech will be delivered in Sydney at noon with the topic - 'Australia's competition landscape - making markets work' - view CEDA event page.]]> Thu, 21 Feb 2013 10:34:14 GMT http://theconversation.edu.au/accc-grocery-inquiry-will-take-a-long-time-to-bear-fruit-12244 Alex Merrett has an item in The Conversation today, wonderfully entitled: 'ACCC grocery inquiry will take a long time to bear fruit'. In it, she discusses shopper dockets and other misuse of market power claims against the supermarket being investigated by the ACCC. It's always worth reading Alex's pieces - this one's no exception - just go and do it.

]]> Wed, 20 Feb 2013 22:41:43 GMT http://australiancompetitionlaw.org/news.html Alexandra Merrett, Rhonda Smith and Rachel Trindade have just released the first 'State of Competition' for 2013 and fear of the possible political uses to which competition law might be put in the upcoming election has led them to address the question: 'what is the Act supposed to achieve?' View the State of Competition website.

]]> Wed, 20 Feb 2013 09:27:56 GMT http://australiancompetitionlaw.org/news.html The ACCC 'has released its final determination allowing Cockatoo Coal, Cuesta Coal, MetroCoal, Peabody Energy Australia PCI, QC Resource Investments and Whitehaven Coal to collectively negotiate with SunWater for water supply, in relation to the development of the Nathan Dam project in central Queensland.' The authorisation is for an initial period of 23 years. View press release. View authorisation register.

]]> Wed, 20 Feb 2013 12:25:49 GMT http://australiancompetitionlaw.org/news.html View article.]]> Tue, 19 Feb 2013 22:06:24 GMT http://australiancompetitionlaw.org/news.html authorisation application the ACCC has asked Qantas to release a redacted version of its MCA with Emirates; Qantas has refused, claiming that its 'applications and supporting submissions adequately described the conduct for which the applicants seek authorisation and provide sufficient detail to enable the competition effects of the proposed conduct to be assessed and for the interested parties to comment'. See Steve Creedy, 'Qantas rebuffs ACCC over Master Coordination Agreement with Emirates' (The Australian, 15 February 2013)]]> Fri, 15 Feb 2013 22:05:57 GMT http://australiancompetitionlaw.org/news.html ACCC looks at supermarket treatment of suppliers, fuel shopper-dockets' (The Australian, 14 February 2013))]]> Thu, 14 Feb 2013 22:05:26 GMT http://australiancompetitionlaw.org/news.html draft decision proposing to allow the Australian Newsagents’ Federation (ANF) and its members to collectively bargain with Tatts Lotteries SA for a period of five years'. View press release. View authorisation register.]]> Wed, 13 Feb 2013 22:05:03 GMT http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 13 Feb 2013 22:04:43 GMT http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 13 Feb 2013 22:04:04 GMT http://australiancompetitionlaw.org/news.html Applications by Robe River Mining Co Pty Ltd and Hamersley Iron Pty Ltd [2013] ACompT 2. These applications arose as a result of the decision of the High Court in The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal (2012) 290 ALR 750 (Pilbara HCA) and relate to the declaration of the 'Robe' line and 'Hamersley' line (railway services) in October 2008, made under s 44H of the TPA. The Tribunal agreed with the applicants that the Minister had applied the wrong test to criterion (b) in s 44H(4) and set aside the declarations.]]> Fri, 08 Feb 2013 22:27:53 GMT http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues on this proposed acquisition in which it states that its 'preliminary view is that the proposed acquisition may raise competition concerns in the market for Australian domestic air passenger transport services'. This relates to the 'risk of muted competition following the reduction in the number of airline groups within Australia from three to two (excluding regional airlines), and the loss of Tiger Australia as an independently owned discount competitor'. The ACCC highlights concerns about the potential for coordinated conduct between Qantas/Jetsar and Virgin/Tiger in the future. The ACCC also indicates, however, that if it concluded Tiger would exit the market without the merger this would be 'highly relevant' to their assessment. The ACCC invites market submissions by 22 February with final decision expected on 14 March. See press release. See merger register.

]]> Thu, 07 Feb 2013 15:39:52 GMT http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues on Heinz's proposed acquisition of Rafferty's Garden, noting its preliminary view is that the acquisition would combine the two largest suppliers of wet and dry infant food in Australia and it is therefore investigating whether the removal of Rafferty's would substantially lessen competition, 'paying particular attention to the height of barriers to entry or expansion and the degree of supermarket countervailing power'. Submissions are invited by 28 February with a decision deferred until 21 March. View press release. View merger register.

]]> Thu, 07 Feb 2013 15:39:24 GMT http://australiancompetitionlaw.org/news.html The ACCC has released a draft determation proposing to authorise certain central Queensland coal producers to collectively bargain with Adami Mining for access to its coal terminal and with Aurizon Network for access to rail infrastructure. View press release. View authorisation register.

]]> Thu, 07 Feb 2013 15:38:33 GMT http://australiancompetitionlaw.org/news.html Case Associates have given their website an overhaul - new pages on AsiaPacific. The site includes news, publications and seminar presentations - well worth a look.

]]> Wed, 30 Jan 2013 10:23:15 GMT http://australiancompetitionlaw.org/news.html The ACCC has announced it will not oppose the proposed acquisition of Skywest Airlines (Australia) by Virgin Australia. It has concluded that the acquisition is not likely to substantially lessen competition in any relevant market because of the limited direct overlap between their existing services. View press release. View merger register.

]]> Thu, 31 Jan 2013 10:24:15 GMT http://australiancompetitionlaw.org/news.html The ACCC has issued a statement of issues relating to this proposed acquisition. Submissions are due by 15 February. View press release. View merger register.

]]> Thu, 31 Jan 2013 10:23:50 GMT http://australiancompetitionlaw.org/news.html Case Associates have given their website an overhaul - new pages on AsiaPacific. The site includes news, publications and seminar presentations - well worth a look.

]]> Wed, 30 Jan 2013 10:23:15 GMT http://australiancompetitionlaw.org/news.html In December 2012 King&Wood Mallesons launched a new blog - In Competition - and it's well worth watching. It covers a range of jurisdictions and represents the expertise of dozens of lawyers from the Australian office. It is possible to view the blog by categories (eg, mergers, cartels), jurisdiction or sector and it is fully searchable. Terrific for keeping on top of all things competition, particularly as they relate to Australia (although my favorite post remains 'May the Force be with Disney' - mergers and Star Wars in a single blog piece - fantastic!)

This news falls into the better late than never category; travelling has not been conducive to keeping the news page updated, but back on track now ...

]]> Mon, 28 Jan 2013 18:24:20 GMT http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 24 Jan 2013 18:23:49 GMT http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Mon, 21 Jan 2013 18:23:18 GMT http://australiancompetitionlaw.org/news.html The ACCC has granted interim authorisation ot the alliance between Qantas and Emirates. View press release. View authorisation register, including interim authorisation. Neat summary by Kim de Kock at In Competition - 'Interim Tkae Off For Qantas and Emirates'.

]]> Thu, 17 Jan 2013 18:22:48 GMT http://australiancompetitionlaw.org/news.html press release. View authorisation register. See also In Competition blog item by Monique Nymeyer.]]> Thu, 17 Jan 2013 18:21:57 GMT http://australiancompetitionlaw.org/news.html "Trying to predict the future is like trying to drive down a country road at night with no lights while looking out the back window." Predicting the path of Australian competition law in 2013 may be more difficult still. It is an election year in Australia and, if history is any guide, this will generate some populist political promises, frequently at odds with sound competition policy. Political debate is likely to focus on the need, or otherwise, for a major review of Australia's competition laws and see philippics over who's policies are most likely to support small business, or curtail the market power allegedly enjoyed by big supermarkets, banks, and petrol companies. Also, the Australian Competition and Consumer Commission ("ACCC") is likely to have an active schedule in 2013, having repeatedly touted an increase in competition law litigation, particularly where it might be useful to resolve ambiguity in the law. It is also possible we will witness our first criminal cartel prosecution this year, although the effect of the election on the ACCC's appetite for litigation remains to be seen. On the merger front, following a significant defeat in the courts late in 2011, the ACCC's merger processes were under close scrutiny in 2012 and this will continue into 2013 with the possibility of an update to the merger process guidelines to reflect new ACCC practice. It is also likely that throughout the year attention will focus on Australia's essential facilities access regime, currently undergoing a major review by the Productivity Commission. In brief, we can expect an active-if somewhat unpredictable-year for competition law and policy in Australia. Tue, 15 Jan 2013 22:23:39 +0100 http://australiancompetitionlaw.org/news.html press release. View merger register and draft decision.]]> Thu, 20 Dec 2012 14:51:55 GMT http://australiancompetitionlaw.org/news.html Statement of Issues on this proposed acquisition, noting that its preliminary view is that 'proposed acquisition is likely to result in a substantial lessening of competition in the supply of retail fixed voice and broadband services'. View press release and merger register.]]> Thu, 20 Dec 2012 14:51:38 GMT http://australiancompetitionlaw.org/news.html press release and merger register. The merger review was commenced on 30 April - 113 calendar days prior to this announcement (although the ACCC claims 65 review days, excluding weekends, public holidays and time during which review was suspended (2-21 November)]]> Thu, 20 Dec 2012 14:51:17 GMT http://australiancompetitionlaw.org/news.html press release.]]> Wed, 19 Dec 2012 14:50:54 GMT http://australiancompetitionlaw.org/news.html press release.]]> Mon, 17 Dec 2012 14:50:24 GMT http://australiancompetitionlaw.org/news.html draft determination proposing to authorise coordination between four Asian based Jetstar branded joint ventures. View press release. View authorisation register.]]> Fri, 14 Dec 2012 14:49:57 GMT http://australiancompetitionlaw.org/news.html press release.]]> Thu, 13 Dec 2012 23:49:08 GMT http://australiancompetitionlaw.org/news.html The final State of Competition for 2012 is out now. It provides an overview of key competition and consumer law issues for 2012; in particular, we have mergers, the new ACL (and sympathy for those tackling regulation 90), price fixing, access and personnel changes at the ACCC. It also has a neat picture of a dragon, a selection of 'favorite 2012 headlines' well worth a look and another reference to 'the force'. Must read issue. Thanks to Rachel, Alex and Rhonda for this terrific new publication and I look forward to reading more in 2013.

]]> Thu, 13 Dec 2012 16:38:57 GMT http://australiancompetitionlaw.org/news.html A bit of media this week about Woolworths and the ACCC and the breakdown in discussions over streamlined merger processes. See, for example, 'Woolworths hits back at ACCC claims' (Business Spectator, 11 December 2012), Blair Speedy, "ACCC 'won't slow Woolworths' growth' (The Australian, 11 December 2012), Cara Waters, 'Woolworths ditches agreement with ACCC on retail acquisitions' (10 December 2012, Smart Company) and Eli Greenblat, 'Woolworths shelves ACCC talks on buy ups' (The Age, 8 December 2012). Agreement has been reached with Coles for a trial period of six months. Woolworths has indicated that while it agrees that a streamlined process for acquisitions is required, that process should apply to all, not just the supermarket industry.

]]> Wed, 12 Dec 2012 16:38:23 GMT http://australiancompetitionlaw.org/news.html Annabel Hepworth and Damon Kitney, 'No let-up in ACCC merger scrutiny' (The Australian, 4 December 2012, pages 19-20) report on the ACCC's priorities for 2013, including reviewing its informal review process guidelines. No groundbreaking developments on the merger front.

]]> Tue, 04 Dec 2012 16:37:50 GMT http://australiancompetitionlaw.org/news.html This month's State of Competition focusses on agency agreements and price fixing and, most signifcantly, has a picture of YODA on the front mpage which makes it quite irresistable. Issue 8 (Nov 2012) is written by Alexandra Merrett and Rachel Trindade and is headed 'Flights of fancy or hard core cartels? When agents (allegedly) price fix' - abstract as follows:

'Price fixing is perhaps the best known of Australia's per se prohibitions: regardless of any impact on competition or the prices ultimately paid by consumers, competitors can't agree on prices. 'Competitors' is generally thought to be a straightforward term which does not encompass agents. But some recent cases highlight how agents and other commercial partners can find themselves in price fixing trouble. One of those cases, USA v Apple, also raises interesting issues regarding market power, market share and most favoured nation clauses.'

As always with SoC (archives here), well worth a read - interesting (and entertaining) analysis both of the USA v Apple case and ACCC's battle with Flight Centre over allegations Flight Centre price fixed by attempted to stop principals from undercutting its own prices (the authors obvserve that the 'ACCC is trying to push the boundaries of what constitutes a competitor'.

]]> Fri, 30 Nov 2012 12:10:04 GMT http://australiancompetitionlaw.org/news.html Queensland chicken growers collectively bargain under an authorisation provided by state legislation; authorisation will allow them to continue absent the statutory exemption. View press release. View authorisation register.

]]> Wed, 28 Nov 2012 11:33:55 GMT http://australiancompetitionlaw.org/news.html The ACCC 'has granted interim authorisation to Tabcorp Wagering Manager (Vic) to give effect to an agreement with ACTTAB under which Tabcorp will provide fixed odds wagering and risk management services in return for a management fee.' View press release.

]]> Wed, 28 Nov 2012 11:33:26 GMT http://australiancompetitionlaw.org/news.html The ACCC has announced it 'would not oppose the proposed acquisition of Pfizer Nutrition, a global infant nutrition business, from Pfizer Inc by Nestlé S.A after accepting a court enforceable undertaking.' The merger involes two of the three largest suppliers of infant formula and significant undertakings were required prior to approval - in particular, the undertaking 'requires Nestlé to sell an exclusive ten year licence for Pfizer Nutrition’s infant nutrition S-26/SMA brand portfolio in Australia, followed by a further ten year ‘black out’ period in which Nestlé would not be permitted to re-enter the markets with Pfizer’s brands.' View mergers register (includes undertakings)

]]> Thu, 22 Nov 2012 11:32:12 GMT http://australiancompetitionlaw.org/news.html The Competitive Carriers' Coalition (CCC) has released a paper entitled: 'Exploring Content-Related Competition Issues: Will Excluisve Content Rigts be the New Bottleneck in the Australian Telecommunications Sector?' (prepared by Windsor Place Consulting and dated 18 October 2012). It makes several recommendations in relation to , including that the ACCC should have power to put in place an 'ex ante regulatory regime for content-related competition issues ...' (p 35).

This has attracted some media - see, for example, Adam Bender, 'Competitors protest Telstra's dominance on content' (Computerworld, 14 November 2012), John Durie, 'As the man said, content is key' (The Australian, 15 November 2012) and John Durie, 'Content, not distribution, is the real issue in broadcasting ' (The Australian, 14 November 2012) and Harrison Polites, 'Current digital content regulation failing consumers: CCC' (Technology Spectator, 14 November 2012)

]]> Thu, 15 Nov 2012 10:52:23 +1100 http://australiancompetitionlaw.org/news.html The ACCC has commenced its 'first public consultation on NBN Co Special Access Undertaking. See ACCC press release and consultation paper. Interested parties have untl 11 January 2013 to make a submssion.

]]> Mon, 12 Nov 2012 08:56:46 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'has authorised an initiative to reduce total ATM fees in very remote Indigenous communities, involving a number of banks and ATM deployers'. The initiative is coordinated by the Australian Bankers' Association (ABA) and covers 76 existing ATMs. The ACCC considers the initiative will 'help to alleviate financial and social disadvantage for Indigenous people living in very remote communities by addressing the issue of high ATM usage and removing fees for certain transactions.' View press release. View authorisation register.

]]> Thu, 08 Nov 2012 08:56:00 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'proposes to grant authorisation to Tabcorp Wagering Manager (Vic) Pty Ltd to give effect to two agreements it has entered into with Racing and Wagering WA (RWWA) and ACTTAB Limited for a period of six years.' The ACCC considers that the agreements are 'likely to result in benefits to the public by improving the stability of the totalisator pools offered by RWWA and ACTTAB' and that any competitive harm will be limited. View press release. View authoristaion register.

]]> Wed, 07 Nov 2012 08:55:16 +1100 http://australiancompetitionlaw.org/news.html The ACCC is 'proposing to grant authorisation allowing truck owner-drivers in Queensland, who are providing concrete cartage services, to collectively bargain with Hanson Construction Materials Pty Ltd.' View press release. View authorisation register.

]]> Wed, 07 Nov 2012 08:54:31 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'proposes to authorise the South East Potato Growers Association and the Victorian Potato Growers Council and their members to collectively bargain with potato buyers', stating that it could potentially lead 'to a more efficient Australian potato growing industry. View press release. View authorisation register.

]]> Mon, 05 Nov 2012 08:54:02 +1100 http://australiancompetitionlaw.org/news.html 'Chemical Formulators Pty Ltd (Chemform), a manufacturer and supplier of commercial cleaning products, has acknowledged that it engaged in resale price maintenance in court-enforceable undertakings provided to the Australian Competition and Consumer Commission': ACCC Press Release.

]]> Fri, 02 Nov 2012 08:53:26 +1100 http://australiancompetitionlaw.org/ I've given the site a modest makeover today; there will be a few teething issues as I check through the code on each page, so please bear with me over the next few days as I sort this out. Thu, 01 Nov 2012 08:52:50 +1100 http://australiancompetitionlaw.org/news.html Virgin claims it's deal to take a majority stake in Tiger Airways and to take over Skywest will promote competition and create jobs. The ACCC has expressed some concern about the impact of two companies controlling the market. See various items in today's Financial Review - in particular, Andrew Cleary, 'Sims vows scrutiny of Virgin deals' (AFR, 31 October 2012, p 17 - reporting that Sims has vowed to examine the deals "extremely closely, extremely deeply") and Matthew Stevens, 'Sims, Australia's sky marshal' (AFR, 31 October 2012, p 36) See also Steve Creedy, 'ACCC to probe Virgin's Tiger bid' (The Australian, 31 October 2012, p 3) and John Durie, 'Sims a paassenger as Virgin takes off' (The Australian, 31 October 2012, p 28)

]]> Wed, 31 Oct 2012 11:21:44 +1100 http://thestateofcompetition.com.au/newsletter/issue-7-football-substitutes-a-primer-in-market-definition/ Issue 7 of the State of Competition (authored this month by Rachel Trindade and Rhonda L Smith) and provides a primer in market definition, discussed with particular reference to sport in Australia - another great read. Tue, 30 Oct 2012 11:20:54 +1100 http://australiancompetitionlaw.org/news.html Professor Stephen Calkins, currently Director of the Mergers Division at the Irish Competition Authority, today delivered the third annual Baxt Lecture (hosted by Melbourne University's CLEN) on the topic: The Global Conversation about Merger Review and Powerful Buyers.

]]> Tue, 23 Oct 2012 12:52:31 +1100 http://australiancompetitionlaw.org/news.html The 'Federal Court in Melbourne has imposed penalties of $90,000 against Eternal Beauty Products Pty Ltd (Eternal Beauty) and its Director, Penny Rider, a wholesaler and retailer of skin care products and its only Australian Director, for engaging in resale price maintenance.'. View ACCC press release. View Federal Court judgment.

]]> Mon, 22 Oct 2012 12:50:49 +1100 http://australiancompetitionlaw.org/news.html media release.]]> Fri, 12 Oct 2012 11:13:43 +1100 http://australiancompetitionlaw.org/news.html today announced that it will oppose the proposed acquisition by Seven of the balance of shares that it does not already own in Consolidated Media Holdings. The ACCC concluded that the 'proposed acquisition would lead to Seven having substantial interests in a major free to air network and the largest subscription television company in Australia, as well as a 50% shareholding in the company involved in the acquisition of the rights to the majority of Australian sports that are broadcast by FOXTEL.' View merger register.]]> Thu, 11 Oct 2012 11:13:19 +1100 http://australiancompetitionlaw.org/news.html merger register. View press release.]]> Thu, 11 Oct 2012 11:12:36 +1100 http://australiancompetitionlaw.org/news.html The ACCC 'today announced it will oppose the proposed acquisition by the Woolworths/Lowe's Joint Venture (Woolworths) of an independent chain of three hardware stores owned by G Gay & Co in Ballarat, Victoria', concluding that 'the proposed acquisition is likely to result in a substantial lessening of competition through the removal of what will be one of Woolworths' two closest competitors in the Ballarat area'. See ACCC Press Release. See merger register.

]]> Thu, 04 Oct 2012 08:10:25 +1000 http://australiancompetitionlaw.org/news.html The ACCC yesterday announced that Qantas and Emirates have withdrawn their application for interim authorisation to plan and negotiate their proposed alliance. The ACCC will continue to examine the substantive authorisation application and they note the companies 'believe that they are able to undertake a significant amount of preparatory work without the need for interim authorisation.' See ACCC Press Release. See also Ross Kelly, Qantas, Emirates Withdraw Bid For Early Approval (Wall Street Journal, 4 October 2012)

]]> Thu, 04 Oct 2012 08:09:52 +1000 http://australiancompetitionlaw.org/news.html The latest State of Competition is out and this time it's all about mergers and the time taken and nature of ACCC merger review - a must read, including a peek at 1976 photo's of authors Rachel Trindade anbd Alexandra Merrett (you need to read it to understand it!). View issue 6.

]]> Fri, 28 Sep 2012 08:09:22 +1000 http://australiancompetitionlaw.org/news.html Virgin has lodged a submission with the ACCC arguing that there is no justification or necessity for interim authorisation and that full assessment of the competitive implications of the proposed Qantas/Emirates alliance should occur before any authorisation is provided. Air New Zealand, JumpJet Airlines Limited and Singapore Airlines have also made a submission arguing that the interim authorisation not be granted. View authorisation register. On the other hand, the Department of Infrastructure and Transport and Tourism Victoria support the application for interim authorisation. See also Steven Creedy, 'Virgin tells ACCC to deny Qantas Deal' (The Australian, 25 September 2012)

]]> Mon, 24 Sep 2012 08:08:39 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a Statement of Issues on this proposed acquisition. 'The ACCC’s preliminary view is that the proposed acquisition is likely to result in a substantial lessening of competition in the local Glenmore Park market.' View press release. View merger register.

]]> Thu, 20 Sep 2012 08:08:15 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has authorised Cockatoo Coal and Stanmore Coal to collectively bargain with the Surat Basin Rail joint venture for access to its new rail line in Queensland.' View press release. View authorisation register.

]]> Thu, 20 Sep 2012 08:06:29 +1000 http://australiancompetitionlaw.org/news.html The ACCC has concluded that it will not oppose the acquisition of Eye Corp from Outdoor Media Operations, noting that they did not consider the acquisition would substantially lessen competition in either 'the national market for the supply of out of home advertising services; or 'the national market for the acquisition of out of home advertising sites.' View press release. See also Darren Davidson, 'ACCC approves Ten's sale of Eye' (The Australian, 20 September 2012)

]]> Tue, 18 Sep 2012 08:05:02 +1000 http://australiancompetitionlaw.org/news.html Valiant Enterprises Pty Ltd 'has acknowledged that it engaged in resale price maintenance in court-enforceable undertakings provided to the' ACCC. 'In July 2011, Valiant Enterprises attempted to induce an online retailer not to advertise the AngelCare AC1100 baby monitor for sale at a price less than that specified by Valiant Enterprises, including by suggesting that stock may be withheld from the retailer.' View press release.

]]> Thu, 18 Oct 2012 07:59:07 +1000 http://australiancompetitionlaw.org/news.html The ACCC and the State Administration for Industry and Commerce (SAIC) of the People's Republic of China signed a Memorandum of Understanding today. View press release.

]]> Tue, 18 Sep 2012 07:58:46 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'liaised closely with international competition regulators including the New Zealand Commerce Commission, the European Commission and the Federal Trade Commission, throughout the investigation of the proposed acquisition' and became the fourth country to approve the $billion+ deal. The ACCC concluded that the acquisition was not likely to substantially lessen competition in the Australian based markets for 'the signing of artists & repertoire (A&R)', 'wholesale supply of physical recorded music', 'wholesale supply of digital recorded music' and 'the retail supply of digital music.' View merger register. See also Christie Eliezer, 'Why the ACCC approved the Universal/EMI deal' (The Music Network, 20 September 2012). Kathy McCabe, 'Independent labels warn Universal-EMI super label will cost music fans' (Herald-Sun, 19 September 2012), AAP 'ACCC approves Ten's sale of Eye Corp' (Business Spectator, 20 September 2012)

]]> Mon, 17 Sep 2012 07:58:05 +1000 http://australiancompetitionlaw.org/news.html The High Court today ruled in Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36. In the matters M155/2011, M156/2011 and M157/2011 the appeal was allowed; the court set 'aside the orders of the Full Court of the Federal Court of Australia made on 4 May 2011 and 16 May 2011 and, in their place, order that a writ of certiorari, directed to the Australian Competition Tribunal, issue to quash the Australian Competition Tribunal's determination the subject of the proceeding' and remitted the matter to teh Tribunal for determination. In matters M45/2011 and M46/2011 the application for special leave to appeal was dismissed.

At para 120 the majority concluded: 'The Full Court concluded that Fortescue's application for judicial review should be dismissed because the Tribunal found[132] that it could not be satisfied that it was not profitable to build rail lines that would duplicate the services to which Fortescue had sought access. But again, the conclusions reached by the Tribunal in this respect were reached on evidence and material far beyond the evidence and material to which it should have had regard in conducting a review of the kind required by the Act. There having been no review by the Tribunal of the kind for which the Act provided, the orders made by the Full Court of the Federal Court in these matters should be set aside. In their place there should be orders in each matter that a writ of certiorari, directed to the Tribunal, issue to quash the Tribunal's determination the subject of that proceeding. The matters should be remitted to the Tribunal for determination according to law.'

In a separate judgment Justice Heydon also allowed the appeal, noting [at 195] that these had been 'extraordinarily protracted proceedings'.

]]> Fri, 14 Sep 2012 13:14:03 +1000 http://australiancompetitionlaw.org/news.html The ACCC today released a Statement of Issues on the possible acquisition by Seven of ConsMedia. The SoI notes preliminary competition concerns, in particular, concerns over 'the influence Channel Seven may be able to exert over FOX SPORTS Australia (which is 50% owned by Consolidated Media Holdings) in joint bids and other commercial arrangements in relation to sports rights.' Submissions on the SoI are invited by 27 September 2012 with a final decision deferred until 11 October.

See ACCC press release. See also Bryan Firth, 'ACCC keen to ensure free-to-air broadcasters have a sporting chance' (The Australian, 14 September) and Ross Kelly, 'ACCC may be drawing line in the sand' (The Australian, 13 September)

]]> Thu, 13 Sep 2012 13:58:19 +1000 http://australiancompetitionlaw.org/news.html speech to the Australia Israel Chamber of Commerce WA, Rod Sims 'made it clear that mergers and acquisitions in concentrated markets will be subject to close scrutiny' and that there are currently 35 separate investigations 'misuse of market power, cartels, or cases involving lessening of competition'. View press release.]]> Thu, 13 Sep 2012 13:57:51 +1000 http://australiancompetitionlaw.org/news.html speech. View ACCC press release.]]> Wed, 12 Sep 2012 12:49:42 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 12 Sep 2012 12:49:18 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 12 Sep 2012 12:48:41 +1000 http://australiancompetitionlaw.org/news.html The High Court today ruled Garuda Airlines (95% sharholdings owned directly by the Republic of Indonesia) could not claim immunity from Part IV cartel procedings under the Foreign States Immunity Act. This is because it had carried on business in Australia for a number of years and s 11(1) of the Act provides that 'A foreign State is not immune in a proceeding in so far as the proceeding concerns a commercial transaction.' The Court concluded: 'The arrangements and understandings into which the ACCC alleges Garuda entered were dealings of a commercial, trading and business character, respecting the conduct of commercial airline freight services to Australia. The definition of a "commercial transaction" is satisfied.'

See also John Durie, 'ACCC scores against Garuda Airlines' (The Australian, 8 September 2012) and ACCC press release.

]]> Fri, 07 Sep 2012 12:47:50 +1000 http://australiancompetitionlaw.org/news.html The ACCC's cartel video is out now. Ass Professor Caron Beaton-Wells, who features in a video news release promoting the film, has a piece about it on The Conversation - 'Will the ACCC’s foray into film make its mark on cartel behaviour?'.

See ACCC Press Release. See also video Rod Sims video news release and video message from Qantas CEO, Alan Joyce.

]]> Fri, 31 Aug 2012 08:53:17 +1000 http://australiancompetitionlaw.org/news.html Sweden (which is hilarous), The Netherlands (even better) and Singapore. It will be sent to CEO's of Australia's 300 largest companies. See Ben Butler, 'ACCC films life and crimes of cartel crooks' (SMH, 30 August 2012). ]]> Thu, 30 Aug 2012 11:46:08 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'has issued a draft determination proposing to allow a number of banks and ATM deployers to provide fee free balances and withdrawals at selected existing ATMs in very remote Indigenous communities.' View ACCC press release.

]]> Thu, 30 Aug 2012 11:45:37 +1000 http://australiancompetitionlaw.org/news.html Sonic Healthcare's proposed takeover of Healthschope's east coast pathology business. The review commenced on 18 May and a decision was to be announced Thursday. On Tuesday the ACCC requested further information from the merging parties and suspended the timeline. A new proposed decision date has yet to be announced. See also Madeleine Heffernan, ACCC delays Sonic decision (SMH, 29 August 2012)]]> Wed, 29 Aug 2012 11:45:09 +1000 http://australiancompetitionlaw.org/news.html The ACCC has 'instituted proceedings in the Federal Court in Sydney against Renegade Gas Pty Ltd (trading as Supagas NSW, a privately owned company) and Speed-E-Gas (NSW) Pty Ltd (a wholly owned subsidiary of Origin Energy Limited)' alleging that they 'gave effect to an anti-competitive cartel arrangement which included not supplying liquid petroleum gas (LPG) cylinders for forklifts to each others' customers'.

The ACCC 'is seeking declarations, injunctions, pecuniary penalties and costs against Renegade Gas and Speed-E-Gas' and 'implementation of a trade practices compliance program by Renegade Gas'. The ACCC is also seeking 'declarations, injunctions, banning orders, pecuniary penalties and costs against' senior executives in the companies. A directions hearing is listed for the Federal Court in Sydney on 20 September 2012. View press release.

]]> Thu, 23 Aug 2012 07:29:09 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 23 Aug 2012 07:28:30 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Mon, 20 Aug 2012 07:24:05 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 16 Aug 2012 07:23:35 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 15 Aug 2012 07:22:59 +1000 http://australiancompetitionlaw.org/news.html Statement of Issues on 'on the proposed acquisition of the pathology businesses of Healthscope Limited in Queensland, NSW, ACT and WA by Sonic Healthcare Limited.' Submissions are due by 16 August. View press release. View merger register.]]> Fri, 03 Aug 2012 07:21:25 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'today announced that it would not oppose the proposed acquisition by News Corporation of 100 per cent of the shares in Consolidated Media Holdings Limited (CMH). CMH has a 50 per cent shareholding in FOX SPORTS Australia, which owns 50 per cent of the shares in FOXTEL.' The ACCC took the view that the acauisition was 'unlikely to lead to a substantial lessening of competition in any relevant market'.View press release. View merger register. See also Darren Davidson, 'ACCC approves News Corp's ConsMedia bid' (2 August 2012)

]]> Thu, 02 Aug 2012 12:40:46 +1000 http://australiancompetitionlaw.org/news.html In a speech to the COSBOA National Small Business Summit in Melbourne yesterday, ACCC Chairman, Rod Sims, reiterated that the ACCC was 'looking at concerns raised about the way in which the major supermarket chains deal with their suppliers' and noted that they related to the potential for unconscionable conduct and 'concerns over the misuse of market power, particularly in relation to private label products.' He also noted that the 'retail sector is under constant scrutiny in terms of mergers and acquisitions.'

Sims also re-iterated that the ACCC was investigating the competitve impact of shopper docket schemes, noting that the investigation would take some time.

See also Larissa Ham, 'ACCC takes aim at supermarket giants' (2 August 2012)

]]> Thu, 02 Aug 2012 12:39:56 +1000 http://australiancompetitionlaw.org/news.html draft deterimination proposing 'to allow St Vincent's Health Australia Group hospitals to engage in collective or joint activity', including 'information sharing, collective bargaining and agreements not to deal with a particular party' which will 'enable the applicants to operate as a single economic entity'. The proposed authorisation will be for a period of 10 years. View press release.]]> Tue, 31 Jul 2012 12:39:18 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 26 Jul 2012 16:49:35 +1000 http://australiancompetitionlaw.org/news.html The ACCC today granted

• 'interim authorisation to the Victorian Potato Growers Council and its members to continue collectively negotiating contracts and keep doing business through contracts negotiated under the previous authorisation granted in 2007';
• authorisation to an 'Affiliation Agreement between Emirates and Flydubai, and separately, to a Commercial Alliance between Etihad and Air Berlin' and;
• authorisation 'to Star Alliance for its Corporate Plus, Conventions Plus and Meetings Plus programs for a period of eight years'.

]]> Wed, 25 Jul 2012 16:48:44 +1000 http://australiancompetitionlaw.org/news.html The ACCC yesterday "authorised an agreement between NBN Co and SingTel Optus for the migration of Optus' HFC subscribers to the NBN and the decommissioning of parts of Optus' HFC network. This decision confirms a draft decision issued by the ACCC in May 2012." ACCC Chairman, Rod Sims, referreed to the decision as 'finally balanced'. (View press release. View authorisation register).

Opposition communications spokesman, Malcolm Turnbull, has described the decision as "very black day": see Malcolm Turnbull, 'A dark day for the ACCC as it abandons competition in favour of a Government Monopoly' (Press Release, 20 July 2012)n See also AAP, 'ACCC Optus tick anti-competitive: Turnbull' (SMH, 20 July 2012)

]]> Fri, 20 Jul 2012 13:08:25 +1000 http://australiancompetitionlaw.org/news.html The ACCC yesterday announced that it "does not propose to intervene in the proposed acquisition by Australian Leisure and Hospitality Group (ALH) and the Laundy Hotel Group of the Caringbah Hotel in NSW. Woolworths Limited has a direct 75 per cent interest in ALH. View press release. View merger register.

This has prompted and item in today's Australian Financial Review by Sue Mitchell - 'Woolies, ACCC at loggerheads on deals' (at p 3), in which she refers to the 'tense' relations between the ACCC and major supermarkets 'hehead of a crackdown on creeping acquisitions'.

]]> Fri, 20 Jul 2012 13:07:48 +1000 http://australiancompetitionlaw.org/news.html The ACCC has announced it "would not oppose the proposed acquisition by APA Group (APA) of Hastings Diversified Utilities Fund (HDF) after accepting a court enforceable undertaking from APA to divest the Moomba to Adelaide Pipeline System (MAPS)." View press release. View merger register.

]]> Thu, 19 Jul 2012 13:04:36 +1000 http://australiancompetitionlaw.org/news.html interim access determination (IAD) for the declared local bitstream access service (LBAS) and is seeking comment on the proposed final access determination.' Submissions are due by 3 August. View press release. ]]> Fri, 06 Jul 2012 21:05:44 +1000 http://australiancompetitionlaw.org/news.html The State of Competition, Australia’s home of competition law analysis. It looks excellent and will include regular short pieces on topical issues in Australian competition policy. The first is on the topical issue of home brands: Crying over spilt milk: buyer power and the rise of private labels.]]> Thu, 05 Jul 2012 20:42:38 +1000 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 28 Jun 2012 23:10:08 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 28 Jun 2012 23:09:40 +1000 http://australiancompetitionlaw.org/news.html Emirates and Flydubai, and separately, a Commercial Alliance between Etihad and Air Berlin.' View press release.]]> Wed, 27 Jun 2012 23:09:00 +1000 http://australiancompetitionlaw.org/news.html The ACCC has issued a draft decision proposing to grant authorisation to Star Alliance for its 'Corporate Plus, Conventions Plus and Meetings Plus programs for eight years.' View press release. View authorisation register.]]> Wed, 27 Jun 2012 23:08:00 +1000 http://australiancompetitionlaw.org/news.html Lots of attention on the ACCC regarding media investments in the coming week, with both Seven and News Ltd's declaring interests in ConsMedia. See merger registers: Seven Group Holdings Limited - proposed acquisition of Consolidated Media Holdings Limited (submissions due 13 July 2012; proposed decision on 2 August 2012) and News Corporation - proposed acquisition of Consolidated Media Holdings Limited (submissions due 11 July 2012; proposed decision on 2 August 2012).

For media, see, eg, Adele Ferguson, Sims the key to moguls' media plans (Brisbane Times, 25 June 2012), Damon Kitney and Mitchell Bingemann, 'Seven faces hurdles in battle for ConsMedia' (The Australian, 26 June 2012) and Andrew Main and Damon Kitney, 'Kerry Stokes bullish on ConsMedia bid' (The Australian, 25 June 2012). For a brief rant see Terry McCrann, 'Watchdog ACCC in another universe' (Herald Sun, 26 June 2012) - or for a longer version see Terry McCrann, 'Fairfax, Stokes: very different strokes' (Herald Sun, 26 June 2012)

]]> Tue, 26 Jun 2012 13:41:51 +1000 http://australiancompetitionlaw.org/news.html eyes hardware battle with Woolworths' (The Australian, 25 June 2012)]]> Mon, 25 Jun 2012 13:41:28 +1000 http://australiancompetitionlaw.org/news.html press release. View access deterimination.]]> Fri, 22 Jun 2012 21:28:12 +1000 http://australiancompetitionlaw.org/news.html The ACCC 'is inviting submissions in response to its draft determination proposing to allow prospective members of the Private Hospital Collective Bargaining Group to bargain collectively with suppliers and health funds. The proposed authorisation would be subject to a condition limiting the size of the bargaining group, and it would also allow the hospitals to share certain information for benchmarking purposes.' View press release. View authorisation register. Thu, 21 Jun 2012 21:27:12 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register. ]]> Thu, 21 Jun 2012 21:28:55 +1000 http://australiancompetitionlaw.org/news.html authorisation register. View press release.]]> Wed, 20 Jun 2012 21:26:35 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 20 Jun 2012 21:26:00 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Fri, 15 Jun 2012 21:25:05 +1000 http://australiancompetitionlaw.org/news.html ACCC Chairman, Rod Sims, spoke at the CEDA conference today discussing communication strategy, its approach to reviewing small retail acquisitions and competition in relation to electricity.

In relation to mergers he notes that the ACCC notes that it has been paying 'increased attention to incremental acquisitions' in relation to a number of retail areas, inclduing liquor, grocery and home improvement sectors in which national chains are 'increasng their participation' to ensure that 'further acquisitions do not ultimately lead to retail or indeed wholesale industry structures that may adversely affect the competitiveness of these markets or reduce choice for consumers'.

However, in return for the major chains providing 'advanced notice of a wider range of acquisitions, and for particular information being provided upfront with each transaction, we would establish a dedicated team to assess these transactions within specified times. This way Wesfarmers and Woolworths would certainly know quickly whether we have significant concerns or not with a particular acquisition.' The ACCC is in discussions with the major chains regarding this process. View press release. View speech.

]]> Thu, 14 Jun 2012 19:06:01 +1000 http://australiancompetitionlaw.org/news.html press ACCC release.]]> Thu, 14 Jun 2012 18:05:05 +1000 http://australiancompetitionlaw.org/news.html ACCC chairman Sims negotiates supermarket wars' (The Australian, 12 June 2012)]]> Tue, 12 Jun 2012 08:44:20 +1000 http://australiancompetitionlaw.org/news.html Heat to Grow on Supermarket Duopoloy' (Brisbane Times, 12 June 2012). See also Royce Millar, Melissa Fyfe, 'Small grocers target big two' (The Age 11 June 2012) ]]> Tue, 12 Jun 2012 08:43:20 +1000 http://australiancompetitionlaw.org/law/pricesignalling.html Business snapshot' publication on the new price signalling laws as well as a guidance on "authorising and notifying price signalling conduct".]]> Sat, 09 Jun 2012 16:15:04 +1000 http://australiancompetitionlaw.org/news.html ACCC Priorities in Enforcing Competition Law' (speech delivered at Competition Law Conference, 5 May 2012). See further: Elysse Morgan, ''ACCC urges extension of price-signalling ban" (ABC News, 6 June)

6 June 2012 - Price signalling laws now in force

The new price signalling laws, initially applying only the banking industry, are now in force. See the price signalling page for further details.]]> Thu, 07 Jun 2012 09:06:37 +1000 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 07 Jun 2012 15:46:42 +1000 http://australiancompetitionlaw.org/law/pricesignalling.html price signalling page for further details.]]> Wed, 06 Jun 2012 13:27:57 +1000 http://australiancompetitionlaw.org/news.html Allan Fels' draft report into the Victorian taxi industry, released last week - 'Customers First: Service, Safety, Choice'. See, for example, Julie Power, 'NSW taxis overcharge, underpay, says Fels' (SMH, 4 June 2012), Pia Akerman, 'Fels flags a radical revamp for toxic taxis' (The Australian, 1 June 2012), Adele Ferguson, 'All's not fare in Fels battle in taxi wars' (SMH, 4 June 2012). In the media release accompanying the draft report Fels claimed that the proposed reforms would 'inject more competition and consumer choice in the industry – and more targeted, effective regulation'.]]> Mon, 04 Jun 2012 14:43:06 +1000 http://australiancompetitionlaw.org/news.html Statement of Issues on the proposed acquisition of the Caringbah Hotel, located in the Caringbah area of Sydney, NSW, by ALH Group Pty Ltd'. View press release. View merger register.]]> Thu, 31 May 2012 20:48:44 +1000 http://australiancompetitionlaw.org/news.html draft determination proposing to grant authorisation for an agreement between NBN Co and SingTel Optus for the migration of Optus’ HFC subscribers to the NBN and the decommissioning of parts of Optus’ HFC network'. View press release. View authorisation register.]]> Mon, 28 May 2012 20:47:56 +1000 http://australiancompetitionlaw.org/news.html Stephen King has blogged his thoughts on last week's Competition Law & Economics Network discussion group seminar by Prof Maurice Stucke (and takes a fair whack at (some) behavioural economists). The seminar discussed the issue of intent in competition law, with some interesting discussion on the different approaches taken in the US and Australia. View Stucke's paper: 'Is Intent Relevant?'.]]> Sat, 26 May 2012 11:25:56 +1000 http://australiancompetitionlaw.org/news.html ACCC press release. View original case (TF Woollam & Son Pty Ltd). Appeal decision not yet available.

24 May 2012 - ACCC will not oppose AGL's acquisition of Loy Yang Power]]> Fri, 25 May 2012 11:16:46 +1000 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 24 May 2012 11:16:16 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 24 May 2012 11:15:50 +1000 http://australiancompetitionlaw.org/news.html release. View authorisation register.]]> Thu, 24 May 2012 11:15:02 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 16 May 2012 09:13:52 +1000 http://australiancompetitionlaw.org/news.html ACCC to probe online price deals' (ABC News, 18 May 2012), Rachel Wells, 'ACCC to investigate internet clothing deals' (SMH, 18 May 2012) and Paddy Hintz, 'High price of buying Australian' (The Courier-Mail, 18 may 2012).]]> Sat, 19 May 2012 10:16:42 +1000 http://australiancompetitionlaw.org/news.html 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.]]> Wed, 16 May 2012 11:30:39 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 16 May 2012 11:30:10 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 16 May 2012 11:29:34 +1000 http://australiancompetitionlaw.org/news.html Malcolm Maiden, 'ACCC's petrol fixation' (Brisbane Times, 16 May 2012).]]> Wed, 16 May 2012 11:29:07 +1000 http://australiancompetitionlaw.org/news.html Clancy Yeates, 'ACCC chews at muzzle over price signalling' (Brisbane Times, 15 May 2012).]]> Tue, 15 May 2012 11:28:38 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 10 May 2012 11:27:57 +1000 http://australiancompetitionlaw.org/news.html 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.

]]> Tue, 08 May 2012 11:27:07 +1000 http://australiancompetitionlaw.org/news.html 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'. ]]> Sat, 05 May 2012 11:26:40 +1000 http://australiancompetitionlaw.org/news.html press release. ]]> Thu, 03 May 2012 11:26:11 +1000 http://australiancompetitionlaw.org/news.html press release. ]]> Wed, 02 May 2012 11:25:43 +1000 http://australiancompetitionlaw.org/news.html ICN blog item. View conference home page.]]> Thu, 26 Apr 2012 11:25:07 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 19 Apr 2012 11:24:41 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 19 Apr 2012 11:24:00 +1000 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Fri, 13 Apr 2012 11:22:46 +1000 http://www.australiancompetitionlaw.org/ press release. View authorisation register.]]> Thu, 12 Apr 2012 12:08:35 +1000 http://www.australiancompetitionlaw.org/ press release. View authorisation register.]]> Thu, 12 Apr 2012 12:08:14 +1000 http://www.australiancompetitionlaw.org/ press release. View authorisation register.]]> Thu, 12 Apr 2012 12:07:51 +1000 http://www.australiancompetitionlaw.org/ press release. View authorisation register.]]> Thu, 12 Apr 2012 12:07:27 +1000 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Tue, 10 Apr 2012 19:44:41 +1000 http://australiancompetitionlaw.org/news.html merger register (including timeline). See also, eg, Darrin Davidson, 'ACCC to announce decision on Austar-Foxtel merger on Tuesday' (The Australian, 5 April 2012)]]> Thu, 05 Apr 2012 19:44:10 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 05 Apr 2012 19:43:51 +1000 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 05 Apr 2012 19:43:28 +1000 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 05 Apr 2012 19:43:05 +1000 http://australiancompetitionlaw.org/news.html press release. View access register.]]> Thu, 05 Apr 2012 19:42:04 +1000 http://australiancompetitionlaw.org/ Statement of Issues on the APA Group's proposed acquisition of Hastings Diversified Utilities Fund.' Submissions on the SOI are due by 13 April. View press release. View merger register.]]> Fri, 30 Mar 2012 14:45:08 +1000 http://australiancompetitionlaw.org/ press release. View merger register.]]> Wed, 28 Mar 2012 14:44:41 +1000 http://australiancompetitionlaw.org/ press release. View authorisation register.]]> Thu, 22 Mar 2012 14:44:10 +1000 http://australiancompetitionlaw.org/ press release. View mergers register.]]> Wed, 21 Mar 2012 14:43:45 +1000 http://australiancompetitionlaw.org/ press release. View authorisation register.]]> Wed, 21 Mar 2012 14:37:33 +1000 http://australiancompetitionlaw.org/ press release. View authorisation register.]]> Fri, 16 Mar 2012 14:37:08 +1000 http://australiancompetitionlaw.org/ press release. View authorisation register.]]> Thu, 15 Mar 2012 14:36:44 +1000 http://australiancompetitionlaw.org/ merger register. Submissions due by 26 March. See also Leonie Lamont, 'ACCC conducts post mortem into foundry takeover' (SMH, 14 March 2012)]]> Wed, 14 Mar 2012 14:36:16 +1000 http://australiancompetitionlaw.org/ press release.]]> Sat, 10 Mar 2012 14:35:50 +1000 http://australiancompetitionlaw.org/ Statement of Issues on the proposed acquisition of 31 hotels and one takeaway packaged liquor licence in New South Wales by Australian Leisure and Hospitality Group Pty Ltd.' Submissions are due by 22 March 2012 and the ACCC's final decision will be deferred until 5 April 2012. View press release.]]> Thu, 08 Mar 2012 14:34:50 +1000 http://australiancompetitionlaw.org/news.html proposed undertaking offered by Foxtel in respect of its proposed acquisition of Austar. The closing date for submissions is 20 March with a final decision expected by the end of the month. View press release. View merger register. See also Patrick Durkin and John McDuling, ACCC Flags Lighter Touch on Mergers (AFR online, 8 March 2012)]]> Wed, 07 Mar 2012 20:56:06 +1100 http://australiancompetitionlaw.org/news.html View speech.]]> Fri, 02 Mar 2012 13:33:16 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 01 Mar 2012 13:32:42 +1100 http://australiancompetitionlaw.org/news.html Statement of Issues on the proposed acquisition by Visy Industries Australia Pty Ltd of the PET and plastics assets of HP entities that have had receivers and managers appointed." Submissions are due by 15 March. View press release. View merger register.]]> Thu, 01 Mar 2012 13:31:47 +1100 http://australiancompetitionlaw.org/news.html Telstra's structural separation undertaking and approved its draft migration plan. View press release.]]> Tue, 28 Feb 2012 11:14:24 +1100 http://australiancompetitionlaw.org/news.html press release. View undertaking.]]> Mon, 27 Feb 2012 11:14:02 +1100 http://australiancompetitionlaw.org/news.html authorised CALMS Ltd, the after-hours locum medical service which operates in the ACT, to agree and set fee caps for the provision of after hours primary medical services in the ACT". View press release.]]> Mon, 27 Feb 2012 11:13:38 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Mon, 27 Feb 2012 11:13:00 +1100 http://australiancompetitionlaw.org/news.html Foxtel's new bid to secure ACCC nod', noting that Foxtel and Austar have 'agreed to make some of their exclusive content available to internet service providers as part of undertakings' to win ACCC support.]]> Mon, 27 Feb 2012 09:55:06 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Fri, 24 Feb 2012 09:54:26 +1100 http://australiancompetitionlaw.org/news.html statement of issues on Amcor's bid for Aperio. Submissions due by 8 March; decision deferred until 29 March. View press release.]]> Thu, 23 Feb 2012 09:54:07 +1100 http://australiancompetitionlaw.org/news.html press release. View further revised structural separatoin undertaking and supporting submissions.]]> Thu, 23 Feb 2012 09:53:40 +1100 http://australiancompetitionlaw.org/news.html View speech.]]> Thu, 23 Feb 2012 09:53:20 +1100 http://australiancompetitionlaw.org/news.html Enduring Perspectives and 2012 Objectives), ACCC Chairman, Rod Sims, released an updated Compliance and Enforcement Policy and outlined priorities for the ACCC. In relation to competitoin policy, Sims highlighted indicated the priority for 2012 would be determining whether there had been breaches in the fuel and supermarket sectors. He also noted the busy year ahead in relation to telecommunications and continued engagement with international regulators. View press release.]]> Mon, 20 Feb 2012 09:52:11 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Sun, 19 Feb 2012 18:25:51 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 16 Feb 2012 18:25:26 +1100 http://australiancompetitionlaw.org/news.html declared the 'wholesale ADSL service under section 152AL of the Competition and Consumer Act 2010. The ACCC considers that this will promote the long-term interests of end-users of fixed-line broadband internet services throughout Australia.' View press release.]]> Sun, 19 Feb 2012 18:25:03 +1100 http://australiancompetitionlaw.org/news.html NBN Co's Special Access Undertaking. Submissions are due by 30 March. View press release.]]> Fri, 10 Feb 2012 18:24:28 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a Statement of Issues on the proposed acquisition by Woolworths of a takeaway packaged liquor licence in Rocherlea, Tasmania. The Statement of Issues seeks further information on certain competition issues which have arisen from the ACCC's review to date. The ACCC invites further submissions from the market in response to the Statement of Issues by 23 February 2012. As a result, the ACCC's final decision will be deferred until 8 March 2012. View press release. View merger register.

]]> Thu, 09 Feb 2012 18:23:15 +1100 http://australiancompetitionlaw.org/news.html Austar is seeking approval to delay the shareholder meeting on its proposed acquisition by Foxtel to allow more time for the ACCC to finish its informal review of the proposal. See, eg, Sally Jackson, Austar legal bid to stall Foxtel vote, (The Australian, 4 February 2012). View merger register.

]]> Sat, 04 Feb 2012 14:37:42 +1100 http://australiancompetitionlaw.org/news.html The ACCC has released a leaflet, "Cartel conduct - how it affects you and your business"

]]> Fri, 03 Feb 2012 14:37:18 +1100 http://australiancompetitionlaw.org/news.html Last year it was milk wars (prompting this Senate Inquiry). Now it's fresh fruit price wars and yet again there are claims that too much price competition is anti-competitive and there are calls for competition policy review (please no!) - see, eg, Richard Willingham and Saffron Howden, MPs concern over supermarket wars, (SMH, February 1, 2012)

In addition, Nick Xenephon wants a federal farming commissioner, apparently influenced by the recent - controversial - decision by the SA to appoint his frequent adviser, Frank Zumbo, the part-time Deputy Small Business Commissioner; see eg Sarah Martin, 'Liberals question adviser's plum job' (The Australian, 1 Feb 2012)). Watch this space!

]]> Thu, 02 Feb 2012 14:36:42 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 01 Feb 2012 14:36:02 +1100 http://australiancompetitionlaw.org/news.html The ACCC has instituted proceedings against Eternal Beauty Products Pty Ltd and its director, alleging they engaged in resale price maintenance "by inducing or attempting to induce two retailers not to sell products online at prices less than those specified by Eternal Beauty." View press release.

]]> Tue, 31 Jan 2012 14:35:29 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 25 Jan 2012 10:22:08 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 25 Jan 2012 10:20:20 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register. ]]> Wed, 25 Jan 2012 10:19:45 +1100 http://australiancompetitionlaw.org/news.html The ACCC's informal merger register notes that the "ACCC considered that as Cabcharge, including its subsidiary taxi networks, did not operate any taxi network services in metropolitan Adelaide, the proposed acquisition would result in a direct transfer of market share of affiliated taxis within the Adelaide metropolitan area" and that therefore "the proposed acquisition would be unlikely to result in a substantial lessening of competition in the markets for the supply of taxi services, taxi network services and booking and dispatch services to taxis in the Adelaide metropolitan area."

In relation to national markets for "provision of taxi-specific non-cash payment instruments, non-cash payment processing services for taxis and the supply of taxi equipment to the taxi industry, the ACCC considered that the proposed acquisition was unlikely to substantially raise barriers to entry and therefore was unlikely to substantially lessen competition in these markets. Within the context of the Adelaide metropolitan area, the ACCC considered that there would remain two independent taxi networks, with a substantial share of affiliated taxis, that could be approached by new entrants." View merger register.

John Durie has a related item in the Australian ('Sims in Drivers Seat on Taxi Ruling', The Australian, 26 January 2012) - he discusses the different path being taken by Sims compared with Samuel and also briefly discussses the recent changes to the Act and the issue of creeping acquisitions - worth a quick read if you can get past the Australian's paywall.

]]> Tue, 24 Jan 2012 10:18:40 +1100 http://australiancompetitionlaw.org/ Metcash decision. See, for example, Sid Maher, 'Judge joins backlash against competition watchdog' (The Australian, 10 January 2012). A number of items quote the thoughts of former federal court judge, the Hon Peter Heerey QC, referring to an article published him in last month's ABLR. Stephen Corones also has an item in the last ABLR discussing this case and the editors have promised discussion of the Metcash case in the February issue of the ABLR.]]> Sat, 21 Jan 2012 10:17:35 +1100 http://australiancompetitionlaw.org/news.html Peter Heerey QC and Dave Podder.]]> Mon, 16 Jan 2012 10:40:52 +1100 http://australiancompetitionlaw.org/news.html ACCC Press Release. View decision.]]> Sat, 24 Dec 2011 17:34:49 +1100 http://www.treasury.gov.au/contentitem.asp?NavId=037&amp;ContentID=2284 Government's price signalling regulations for consultation. These relate to the price signalling laws introduced by the Competition and Consumer Amendment Act (No. 1) 2011 (to commence 6 June 2012). The regulations make clear that the law will initially only apply to the banking sector. Consultation closes on 22 March 2012. View press release. View consultation draft regulations and explanatory note. ]]> Sat, 24 Dec 2011 17:27:33 +1100 http://australiancompetitionlaw.org/news.html Prof Stephen King has been appointed as a part time Councillor of the National Competition Council until 17 December 2012. View press release.]]> Thu, 15 Dec 2011 18:08:52 +1100 http://australiancompetitionlaw.org/news.html press release. View notification register.]]> Thu, 15 Dec 2011 18:08:32 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 15 Dec 2011 18:08:13 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Tue, 13 Dec 2011 18:07:44 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Tue, 13 Dec 2011 18:07:13 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Mon, 12 Dec 2011 18:06:16 +1100 http://australiancompetitionlaw.org/news.html press release. View access determination.]]> Fri, 09 Dec 2011 18:05:48 +1100 http://australiancompetitionlaw.org/news.html press release. View undertaking.]]> Fri, 09 Dec 2011 18:04:58 +1100 http://australiancompetitionlaw.org/news.html press release. View access determination.]]> Fri, 09 Dec 2011 18:05:48 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Mon, 12 Dec 2011 18:06:16 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Tue, 13 Dec 2011 18:07:13 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Tue, 13 Dec 2011 18:07:44 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 15 Dec 2011 18:08:13 +1100 http://australiancompetitionlaw.org/news.html press release. View notification register.]]> Thu, 15 Dec 2011 18:08:32 +1100 http://australiancompetitionlaw.org/news.html Prof Stephen King has been appointed as a part time Councillor of the National Competition Council until 17 December 2012. View press release.]]> Thu, 15 Dec 2011 18:08:52 +1100 http://australiancompetitionlaw.org/news.html Metcash. Despite the uncertainty brought about by the various separate judgments delivered in Metcash, the ACCC has indicated it 'will continue to assess the likely competitive effect of an acquisition on the basis of a "real chance" test'. View press release.]]> Tue, 06 Dec 2011 08:34:45 +1100 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 01 Dec 2011 20:34:01 +1100 http://australiancompetitionlaw.org/news.html ACCC press release. View authorisation register.]]> Thu, 01 Dec 2011 16:57:50 +1100 http://australiancompetitionlaw.org/cases/2011metcash.html Metcash Appeal. Justices Finn, Buchanan and Yates rejected the ACCC's appeal. View case.]]> Wed, 30 Nov 2011 11:11:35 +1100 http://australiancompetitionlaw.org/news.html ACCC hits pause after Foxtel requests submission extension (SMH, 29 November 2011) . See ACCC Merger Register.]]> Tue, 29 Nov 2011 06:54:53 +1100 http://australiancompetitionlaw.org/news.html Competition and Consumer Legislation Amendment Bill 2011 without amendment. A proposed amendment by Senator Xenophon was negatived.]]> Fri, 25 Nov 2011 16:03:00 +1100 http://australiancompetitionlaw.org/news.html Statement of Issues on the proposed acquisition by Pact Group Pty Ltd of Viscount Plastics Pty Ltd. Submissions are invited - due 15 December. The final decision is due by 19 January 2012. View press release. View merger register.]]> Thu, 24 Nov 2011 17:30:56 +1100 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No. 1) 2011) passed through the Senate late last night without further debate. The price signalling provisions will commence six months from the date of Royal Assent. The Competition and Consumer Legislation Amendment Bill 2011 (mergers) is listed for debate today.]]> Fri, 25 Nov 2011 09:35:54 +1100 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No. 1) 2011 and the Competition and Consumer Legislation Amendment Bill 2011 are both listed for debate on Thursday (view Senate "week at a glance"). The first of these bills is the controversial price signalling bill and the second is the 'creeping acquisition' bill, which will remove the word 'substantial' from the definition of market in s 50(6) and replace the words 'a market' with 'any market' in s 50(1). ]]> Mon, 21 Nov 2011 20:48:31 +1100 http://www.accc.gov.au/content/index.phtml/itemId/1018134/fromItemId/2332 press release.]]> Fri, 18 Nov 2011 20:36:11 +1100 http://www.accc.gov.au/content/index.phtml/itemId/1018021 press release. See merger register.]]> Fri, 18 Nov 2011 18:01:24 +1100 http://www.accc.gov.au/content/index.phtml/itemId/1017282 paper. View press release.]]> Tue, 15 Nov 2011 14:11:51 +1100 http://www.accc.gov.au/content/item.phtml?itemId=1016174&amp;nodeId=57ca58d57ac12e61cd64e624f8ade30a&amp;fn=Competition and Consumer issues in the top end.pdf speech.]]> Tue, 08 Nov 2011 11:38:59 +1100 http://australiancompetitionlaw.org/reports/2011milk.html Senator Kroger presented the final report of the Economics Reference Committee on the The impacts of supermarket price decisions on the dairy industry to the Senate yesterday (View Hansard - pages 29-35).

In part, the Report recommends that an independent review of the Competition and Consumer Act be initiated (recommendation 5). This recommendation is not supported by the Government (see Senator Bishop's comments and 'Government Senators' Additional Comments' in the final report).

Additional comments to the report are also made by Senators Xenophon, Williams, Heffernan, Madigan and Milne, recommending - amongst other things - a re-introduction of price signalling laws and general divestiture powers (apparently influenced, in part, by the misconception that we are out of touch with international prctice in this respect).

]]> Thu, 03 Nov 2011 15:01:22 +1100 http://australiancompetitionlaw.org/cases/2011metcash.html Hansard (last two pages).]]> Wed, 02 Nov 2011 15:00:15 +1100 http://australiancompetitionlaw.org/news.html ACCC press release. View original case.]]> Thu, 03 Nov 2011 08:58:59 +1100 http://australiancompetitionlaw.org/news.html press relese. View notification register.]]> Thu, 27 Oct 2011 15:53:10 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 27 Oct 2011 15:52:30 +1100 http://australiancompetitionlaw.org/news.html Metcash concluded yesterday. Media highlights include: Susannah Moran, 'Metcash slams ACCC appeal over takeover bid' (The Australian, 26 October 2011), ABC Lateline Business, 'ACCC appeals against Franklins takeover' (26 October 2011), Susannah Moran, 'Retailer Franklins' Wholesale Denial' (Australian, 27 October 2011)]]> Thu, 27 Oct 2011 09:41:45 +1100 http://australiancompetitionlaw.org/news.html AFR reports on concerns that proposed price-signalling rules will cause problems for banks trying to support companies in financial distress. This includes concerns expressed by former TPC chairman, Bob Baxt and Corrs partner, Shaun McGushin. The price signalling bill will be debated in the Senate next month.]]> Mon, 24 Oct 2011 22:40:49 +1100 http://australiancompetitionlaw.org/news.html View speech.]]> Tue, 25 Oct 2011 09:48:28 +1100 http://australiancompetitionlaw.org/news.html Metcash began today in Sydney before Justices Finn, Buchanan and Yates. Media coverage includes: John Durie, 'Metcash appeal will test regulator's powers' (The Australian, 24 October 2011), Michael Evans, 'Metcash ruling undermines retail competition, says ACCC' (SMH, 25 October 2011) and Susannah Moran, 'Judge "erred" on Metcash Ruling' (The Australian, 25 October 2011)]]> Mon, 24 Oct 2011 17:55:04 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Fri, 21 Oct 2011 07:53:50 +1100 http://australiancompetitionlaw.org/news.html Michael Terceiro on the Metcash decision ('Messcash: a comedy of errors" (Issue 636, 14 October 2011)) in which he concludes that "claims that Emmett J's judgment represents a triumph of common sense over economic theory are entirely misplaced", predicting it is unlikely to survive appeal. Worth a read for a different perspective; Michael acted for the financial adviser to the Supabarn led consortium. The Issue contains a number of other interesting items, including notes on the FT Woollam cover pricing case and ACCC v Prysmian, in which the court held that the identity of a cartel informer was not protected by public interest immunity (at least in this case).]]> Thu, 20 Oct 2011 12:32:26 +1100 F4693C51-2437-4C64-B054-B4BF3B61ACAE http://australiancompetitionlaw.org/news.html View report by Naomi Woodley on ABC radio (awaiting transcript).]]> Thu, 20 Oct 2011 10:29:30 +1100 8F945624-1DB6-47F4-946D-DC6051B5195C http://feeds.beehive.govt.nz/release/bill-introduced-deter-hard-core-cartel-behaviour press release and background documents. View bill.]]> Fri, 14 Oct 2011 08:57:34 +1100 http://www.accc.gov.au/content/index.phtml/itemId/1012373 press release.. View draft authorisation]]> Thu, 13 Oct 2011 00:22:42 +1100 http://australiancompetitionlaw.org/news.html Fred Hilmer's recent criticisms of Australia's current approach to competition policy. View press release. View speech.]]> Mon, 10 Oct 2011 19:06:12 +1100 http://australiancompetitionlaw.org/news.html press release. View authorisation register. ]]> Thu, 06 Oct 2011 18:34:56 +1100 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 05 Oct 2011 18:34:56 +1100 BC1BDA28-E0BE-4B0B-A277-BBD028F01FBD http://australiancompetitionlaw.org/news.html press release. View full judgment. See also press: Katy Dowell 'Premier League, DLA Piper defeated at ECJ in key broadcast rights ruling' (The Lawyer, 4 October 2011) and Simon Taylor, "Premier League loses TV court battle" (EuropeanVoice.com, 4 October 2011)]]> Wed, 05 Oct 2011 18:34:30 +1100 3AD162F2-7935-44C7-8FA9-324E75ABFBF3 http://australiancompetitionlaw.org/news.html failed attempt by the ACCC to block the acquisition ahead of next month's Full Court appeal. View Metcash press release. See also John Durie, 'Metcash takes helm at Franklins' (The Australian, 1 October 2011) and Elizabeth Sexton, 'Metcash seals Franklins deal despite appeal' (SMH, 1 October 2011).]]> Sat, 01 Oct 2011 11:26:38 +1100 A2BDE9CB-A7FF-430D-B94F-966AD140AB6A http://australiancompetitionlaw.org/news.html NBN Co is seeking further comments on its revised draft Wholesale Broadband Agreement. See ACCC press release. See also media coverage: eg, Lucy Battersby, 'NBN Co in fourth consultation round' (SMH, 1 Oct 2011), Annabel Hepworth and Mitchell Bingemann, 'NBN to strike ACCC deal' (The Australian, 30 Sept 2011)]]> Fri, 30 Sep 2011 11:26:09 +1100 18B69901-092F-4098-A0A9-0F2B9E50E996 http://australiancompetitionlaw.org/news.html press release. View ABA access undertakings.]]> Thu, 29 Sep 2011 11:25:47 +1100 7242EFB8-0460-4F4A-8393-CB3EAC536300 http://australiancompetitionlaw.org/news.html press release. View Viterra access undertakings.]]> Thu, 29 Sep 2011 11:24:53 +1100 FBF6CCE0-35DB-4BC1-8265-B01D7722B61E http://australiancompetitionlaw.org/news.html press release. View CBH access undertakings.]]> Thu, 29 Sep 2011 11:24:28 +1100 2E26C07E-F3A4-437A-AAB0-69803438C845 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 29 Sep 2011 10:23:59 +1100 C9C43BC2-3913-4A0A-807E-E4E1302201AB http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Wed, 28 Sep 2011 11:23:39 +1100 C87139D2-528A-457D-ADDE-C71EBF9AE9DE http://australiancompetitionlaw.org/news.html Brent Fisse has produced an annotated critique .org/legislation/2011pricesignalling.html">Competition and Consumer Amendment Bill (No 1) 2011 entitled 'Misleading, Deceptive and Bankrupt: The Second Reading Speech on the Competition and Consumer Amendment Bill (No 1) 2011'. It is available from the publications section of his website.]]> Mon, 26 Sep 2011 21:15:59 +1000 BE40EFB2-73B4-43EF-A45B-136FCACD5665 http://www.accc.gov.au/content/index.phtml/itemId/1008823 ACCC Chairman, Rod Sims, today delivered a speech to the Australian Economic Forum in Sydney, entitled 'Is competition a myth?'. He made three broad observations: (1) "... competition is not a myth in the sense that Australia has achieved a great deal since 1974 ..."; (2) "while much has been achieved, more needs to be done" (in this he agreed with recent comments made by Fred Hilmer) and (3) "where competition is clearly a myth, especially in the areas of infrastructure provision where there are monopoly providers, economic regulation is the complement to competition. ..." Fri, 23 Sep 2011 13:31:29 +1000 210466AA-444C-43BF-9490-8A06302B54F9 http://australiancompetitionlaw.org/news.html The competition bills were not debated yesterday as originally scheduled - they are also not listed in today's Order of Business. It seems the Senate may be pre-occupied with other matters. Thu, 22 Sep 2011 10:00:15 +1000 A14A4158-FB37-42A5-84F4-DC279884FC94 http://australiancompetitionlaw.org/news.html government's price signalling bill. The second relates to mergers and, in particular, the definition of market (the so-called 'creeping acquisition' bill).]]> Wed, 21 Sep 2011 08:25:13 +1000 C63C0906-164E-439B-8DEB-3FC35BB83D0C http://australiancompetitionlaw.org/news.html beginning 24 October). View judgment.]]> Tue, 20 Sep 2011 20:24:41 +1000 2AAD14CC-AA33-42EA-92FF-0C3E23D4179B http://www.accc.gov.au/content/index.phtml/itemId/1007365 applied to the Federal Court for an interim injunction restraining the proposed acquisition by Metcash of the Franklins supermarket business.]]> Tue, 13 Sep 2011 23:50:24 +1000 F68BB908-D27F-4DC1-AEE0-92A99C19890C http://australiancompetitionlaw.org/news.html press release.]]> Fri, 09 Sep 2011 13:32:43 +1000 63536E42-265C-4500-9A7E-F95F394C4CFE http://australiancompetitionlaw.org/opinions/beaton-wells-2011-sims.html The Conversation discussing the recent speech given by Rod Sims at the annual LCA workshop. View article.]]> Wed, 07 Sep 2011 17:51:21 +1000 194F7CE4-2C1F-4000-9D04-3849BAB93130 http://australiancompetitionlaw.org/news.html press release. View discusion paper.]]> Tue, 30 Aug 2011 15:51:43 +1000 641A272E-A85C-4B24-90AC-5A897C724673 http://www.accc.gov.au/content/index.phtml/itemId/1004650/fromItemId/8973 View speech.]]> Sun, 28 Aug 2011 22:06:42 +1000 B55E4B06-D0AC-4C96-94D7-3C25B65F30EF http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=speeches/2011/015.htm&pageID=005&min=djb&Year=&DocType Developments in Competition Policy'.]]> Sat, 27 Aug 2011 11:36:09 +1000 56EF5CA5-3F50-47D9-B5E6-76A7EFA3BFFA http://www.austlii.edu.au/au/cases/cth/FCA/2011/967.html downloaded from AustLII.]]> Fri, 26 Aug 2011 08:57:49 +1000 2BCF3664-4EA8-436C-8628-5460EDD9F3AC http://www.accc.gov.au/content/index.phtml/itemId/1004365 media release expressing its disappointment at Justice Emmett's decision today. It reiterates concerns that 'the proposed acquisition is likely to result in a substantial lessening of competition through the removal of Metcash's closest and only genuine competitor for the wholesale supply of packaged groceries in NSW' (a market definition not accepted by Justice Emmett). Following public release of full reasons for judgment tomorrow the ACCC will 'examine the judgment and consider its options'.]]> Thu, 25 Aug 2011 15:10:54 +1000 63E9459F-EC8A-49E3-94E8-79F2114C018C http://australiancompetitionlaw.org/news.html Justice Emmett handed down his much anticipated decision in the ACCC v Metcash merger case, finding in favour of Metcash. Detailed reasons will be released tomorrow, but they will include findings that the acquisition "On the other hand, I consider that it is quite likely that the acquisition of Franklins by Metcash will strengthen the Thu, 25 Aug 2011 09:39:55 +1000 5FED5CD3-A269-4886-991A-0AF0D438A1AD http://australiancompetitionlaw.org/news.html ACCC v TF Woollam & Son Pty Ltd [2011] FCA 973, finding that TF Woollm & Son and others engaged in price fixing, in contravention of s 45 of the TPA (as it was at the relevant time) when tendering for government public works projects.]]> Wed, 24 Aug 2011 10:07:05 +1000 BB4A8366-F8EA-44F1-8A7C-936A7AFE8178 http://australiancompetitionlaw.org/news.html The second annual Baxt Lecture was held today at the Melbourne Law School. It featured Prof Richard Whish as guest speaker, who addressed those present on: "Private Enforcement of Competition? European Developments". The slides (and possibly audio) from the lecture will be available from the web site in due course and I commend them to anyone interested in this area. Wed, 24 Aug 2011 15:44:24 +1000 24AB37F3-1B16-4E34-9F16-B167F60D4F64 http://australiancompetitionlaw.org/news.html Justice Mansfield has been appointed as President of the Australian Competition Tribunal and Dr Darryn Abraham and Professor Kevin Davis have been appointed as members, each for five years. View press release.]]> Tue, 23 Aug 2011 13:31:15 +1000 E465D0CE-3E30-41B3-9EC6-A5FEA8F99397 http://australiancompetitionlaw.org/news.html draft determination proposing to grant authorisation for a Joint Business Agreement between Qantas and American Airlines. This follows an earlier grant of interim authorisation on 9 June. Submissions on the draft determination are due by View press release.]]> Mon, 22 Aug 2011 21:30:51 +1000 D40CB09D-77E8-4278-9D54-6ACAF51BC900 http://australiancompetitionlaw.org/news.html 'Private disclosure of price-related information to a competitor "in the ordinary course of business": A new slippery dip in the political playground of Australian competition law' and is available from the publication page of Brent Fisse's website.]]> Mon, 22 Aug 2011 13:28:30 +1000 4F7F2620-4EC8-422D-97A3-3B2605D950DF http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No 1) 2011 was introduced into to the Senate today and read a first time. The second reading was moved and debate adjourned.]]> Thu, 18 Aug 2011 13:53:10 +1000 D6C14961-D9A1-40D9-8A2E-56D15923900F http://australiancompetitionlaw.org/news.html Competition and Consumer Legislation Amendment Bill 2011 was also introduced and read a first time. The second reading was moved and debate adjourned. It's worth reading Hansard for Craig Kelly's rant on why the word 'substantially' should be removed from the phrase 'substantial lessening of competition' in s 50 - to prohibit all mergers that lessen competition in any way. This makes more sense when you understand that Craig Kelly has been 'assisted' by Frank Zumbo in relation to competition policy - author of the infamous Blacktown, Richmond and Birdsville amendments (fortunately only the latter got up, although it would have been better had it not). ]]> Thu, 18 Aug 2011 13:52:45 +1000 8385AC4A-ED03-439D-8AE7-DD537E65F633 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No 1) 2011 to the Senate for concurrence.]]> Wed, 17 Aug 2011 13:52:08 +1000 1D8BCF7E-7413-4B0B-BEBB-5DD76170B52A http://www.austlii.edu.au/au/cases/cth/FCA/2011/671.html (Jarra Creek Central Packing Shed Pty td v Amcor Limited [2011] FCA 671). View Amcor/Visy settlement website. View settlement deed.]]> Fri, 12 Aug 2011 13:56:23 +1000 4EBE0206-29F6-47B7-8C72-CE56A47C56A4 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Fri, 12 Aug 2011 11:07:18 +1000 484E5E16-742B-4FE5-90C8-B620086316D2 http://australiancompetitionlaw.org/news.html draft decision on arrangements for wheat exporters at Viterra’s six wheat export ports in South Australia. The preliminary view is that the introduction of an auction system would address the ACCC’s main areas of concern.' View press release.]]> Fri, 12 Aug 2011 11:07:14 +1000 035C07B7-A87F-4557-942F-927697FF8CC7 http://australiancompetitionlaw.org/news.html draft decision on the access undertaking proposed by Australian Bulk Alliance (ABA). The ACCC's view is that 'the overall approach of ABA’s proposed undertaking is likely to be appropriate' but that improvements should be made ins ome areas. View press release.]]> Fri, 12 Aug 2011 11:06:53 +1000 C71030E4-178E-4374-9D08-6E755EE7AD77 http://australiancompetitionlaw.org/news.html press release. View register record.]]> Tue, 09 Aug 2011 17:47:56 +1000 5774FD72-3F94-41D6-B3AE-08AB48775FC8 http://australiancompetitionlaw.org/news.html press release.]]> Fri, 05 Aug 2011 13:36:22 +1000 20FCFFFE-01E1-4781-9771-B3847A7F6B29 http://australiancompetitionlaw.org/news.html Cartel conduct - how it affects you and your business'. It is two pages long and provides a brief overview of the prohibitions, sanctions and tips on avoiding cartel conduct. It also outlines the ACCC's immunity policy for cartel participants.]]> Thu, 04 Aug 2011 16:47:30 +1000 E4ACADA3-B1C1-4427-867C-8982AD404E0F http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Wed, 03 Aug 2011 16:46:54 +1000 D566A7CA-05AC-4C12-982A-E63D917A1539 http://australiancompetitionlaw.org/news.html press release. View undertaking and related structural separation documents.]]> Mon, 01 Aug 2011 16:46:26 +1000 A2E9E835-5BE3-4603-B840-43B6DE8A705C http://australiancompetitionlaw.org/news.html Statement of Issues on 22 July.]]> Mon, 01 Aug 2011 09:07:27 +1000 EFA8B908-F7E2-465F-A0E3-BF74332B693B http://australiancompetitionlaw.org/news.html Samuel should take some time off before taking up new appointment' (The Australian, 30 July 2011), Tim Borehman and John Durie, 'Graeme Samuel sparks debate over new role at Greenhill Caliburn' (The Australian, 30 July 2011), John Durie, 'Graeme Samuel, take gardening leave before starting Greenhill Caliburn job' (The Australian, 29 July 2011), John Durie, 'Bob Baxt calls for quarantine on regulators to prevent conflict of interest' (The Australian, 29 July 2011). There are even some items not penned by John Durie, including: Eric Johnston, 'ACCC chief's new job draws flak' (SMH, 29 July 2011) and 'The Graeme Samuel Puzzle' (SmartCompany, 29 July 2011) ]]> Sat, 30 Jul 2011 09:08:03 +1000 8CA046A7-911B-4E56-A5B9-EE3FD79A6D29 http://australiancompetitionlaw.org/news.html feature item in today's Australian Financial Review Magazine discussing Graeme Samuel's term as ACCC Chairman, which comes to an end on Sunday. The AFR also reports that Graeme Samuel will become a director and head of the Melbourne office of the investment bank Greenhill Caliburn.]]> Fri, 29 Jul 2011 10:24:51 +1000 CE36A381-76EB-4BD3-9AB7-556D5F41381F http://australiancompetitionlaw.org/news.html item in the Australian today discussing Graeme Samuel's term as ACCC Chairman. It claims some missteps (Samuel's push for price signalling bans on banking chiefs and his readiness to accept 'the wholesale monopoly' of the NBN), highlights some controversy (including the claims of conflict of interest regarding the DFO and the ACCC's pursuit of Richard Pratt) but concludes that overall 'Mr Samuel's energy and focus have resulted in an expansion of the size and the powers of the ACCC, which has also developed a clearer pro-market approach than it had under his predecessor, Alan Fels'.]]> Thu, 28 Jul 2011 09:48:00 +1000 9A50E458-2E11-4F47-A9F0-19AB419C6563 http://australiancompetitionlaw.org/news.html Dairy dissatisfaction', Stock and Land, 28 July 2011.]]> Thu, 28 Jul 2011 09:47:31 +1000 EF28C17E-65CE-4546-87B2-407713FE4CD0 http://australiancompetitionlaw.org/news.html draft determination proposing to grant authorisation for 10 years to the Reserve Bank Health Society (RBHS) and allow another private health fund, Lysaght Peoplecare Limited, to provide RBHS with advice on operational matters under a management services agreement. ' View press release.]]> Wed, 27 Jul 2011 21:47:16 +1000 A7C42D82-6A63-4380-9F2D-3E743CFA54ED http://www.abc.net.au/lateline/content/2011/s3278691.htm Outgoing ACCC Chief, Graeme Samuel, appeared on Lateline last night. In response to questions about media and public interest tests for mergers he replied, in part"

"the ACCC's concern is about competition. Once we get into public interest, we get into social and potentially political debates which is outside the remit of the ACCC, as is diversity, I might say.

We're dealing with competition, and competition in itself more often than not, in almost every occasion, serves the public interest very well. You don't need public interest tests necessarily if you've got a truly competitive market because a truly competitive market is one where consumers are empowered to set their demands in place, and suppliers have to meet those demands.".

Samuel also responded to questiosn about the NBN, the prosecution of Richard Pratt, DFO and the NAB-AXA deal and the relationship of business with government. View Transcript.

]]> Wed, 27 Jul 2011 07:43:02 +1000 8D8ED10F-D02A-4C07-A2CF-92BB1EB8057D http://australiancompetitionlaw.org/news.html media release. View application, recommendations and decision.]]> Tue, 26 Jul 2011 20:33:45 +1000 66A22950-D0B3-4025-8B2C-4B14144F2FAF http://australiancompetitionlaw.org/news.html blog piece by Stephen King noting the core problem with price discrimination laws.]]> Mon, 25 Jul 2011 11:30:04 +1000 93E14C05-73DE-4EC2-9A26-1DFF8BF36C7E http://australiancompetitionlaw.org/news.html View press release. See also the Senate's milk inquiry, which is ongoing (final report expected in October).]]> Fri, 22 Jul 2011 17:11:58 +1000 C8641232-DC41-409D-84E3-BEA3E311C075 http://www.accc.gov.au/content/index.phtml/itemId/998738/fromItemId/142 Statement of Issues on the proposed acquisition by FOXTEL Management Pty Limited of AUSTAR United Communications Limited. View press release.]]> Fri, 22 Jul 2011 05:11:31 +1000 F442B8AC-C07A-4E21-9D63-334690FDA147 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 14 Jul 2011 11:35:55 +1000 1658DDF1-08D0-4A5E-9896-CB414FC1C83B http://australiancompetitionlaw.org/news.html (whose acquisition by Cavalier was authorised by the NZCC and is now subject to a HC challenge by Godfrey Hirst) has emerged - Wool Equities. See 'Rival bid for Wool Services Intl' (TVNZ, 11 July 2011) and 'Wool Equities to bid for Wool Services' (The National Business Review, 11 July 2011)]]> Mon, 11 Jul 2011 10:17:25 +1000 70FEEB4F-A249-4D3B-9F14-32490DA766FC http://australiancompetitionlaw.org/news.html Hirst wins High Court stay on WSI sale to Cavalier' (Sharechat.co.nz, 8 July 2011) and 'Stay on sale to Cavalier' (nzherald.co.au, 9 July 2011). View authorisation decision (PDF) or full authorisation register.]]> Mon, 11 Jul 2011 09:55:01 +1000 DC76207F-A7AC-47B8-83CA-2153A95C515A http://australiancompetitionlaw.org/news.html Brent Fisse has described the Competition and Consumer Amendment Bill (No. 1) 2011, which was passed by the House of Representatives yesterday, as 'on the lunatic fringe of international competition laws', as 'other-worldly' and as 'pop legislation that serves little or no useful purpose'. He observed that the various amendments negotiated in the last couple of days, including an exception for information disclosure in the 'ordinary course of business', 'does not cure the fundamental failure of the Bill to address concerted practices by competitors in all sectors of the economy'. View Brent Fisse's news page.]]> Fri, 08 Jul 2011 16:04:18 +1000 B3008586-11E7-4574-9F90-30CC22434DA6 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No. 1) 2011 has passed through the House. It remains an appalling piece of legislation, but unfortunately it is unlikely to find much resistance in the Senate.]]> Thu, 07 Jul 2011 16:03:27 +1000 2B052EA0-909E-4CEB-8E82-DAB80E2F98A5 http://australiancompetitionlaw.org/news.html mergers register. It may be New Zealand news, and it may be a little old (authorisation occurred on 9 June), but it's a welcome break from price signalling ...]]> Wed, 06 Jul 2011 16:02:28 +1000 5F55331A-2E06-414B-B609-FBDA19877D79 http://australiancompetitionlaw.org/news.html All is not fair in supermarkets' share - that a 'coalition of Greens, an independent and a Liberal believe they are in striking distance of forcing a inquiry into national competition policy'. Martin reports that Christine Milne (Greens), Xenophon (independent) and Kelly (Liberal) endorsed a report by former Greens Senator Dee Margetts which blames the policy for supermarket dominance. The abolition of s 49 (price signalling) is also blamed for a lot of problems (mind-boggling though that accusation may be).]]> Wed, 06 Jul 2011 16:01:28 +1000 53CAFB56-4B96-4E90-9453-2F0C134C0652 http://australiancompetitionlaw.org/news.html Banks See Red on Signalling - despite the obvious self-interest of the ABA, they certainly have a point in relation to the Competition and Consumer Amendment Bill (No. 1) 2011.]]> Wed, 06 Jul 2011 04:00:56 +1000 6888ED02-7372-45D5-BC01-332334CD4226 http://australiancompetitionlaw.org/news.html proposed an amendment to the government's price signalling bill. This is in addition to a proposed amendment from Mr Bandt for the Greens (although that amendment does not relate to price signalling, but rather seeks to prohibit the big banks from acquiring any more smaller banks). Debate has adjourned while amendments are considered.]]> Tue, 05 Jul 2011 18:09:58 +1000 9ABB00C6-DF41-445F-8B84-BC5634DFB537 http://australiancompetitionlaw.org/news.html Competition Law & Economics Network (CLEN) has released of a video demonstrating Australia’s approach to expert evidence in competition law cases - a mock 'hot tub', based on the facts in Boral and presided over by retired the Hon Peter Heerey QC who was the first instance judge in that case. In addition to the Hon Peter Heerey QC, the expert roles were played by Dr Philip Williams (for the ACCC) and Richard York (for Boral) and counsel were played by David Shavin QC (who acted for the ACCC in the Boral case) and Jack Fajgenbaum QC. Certainly an impressive line up - well worth a look. The video can be viewed on YouTube in three parts. ]]> Tue, 05 Jul 2011 12:09:18 +1000 87AC81CD-9751-4711-BCB9-660FD4BEB135 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No. 1) 2011 was debated in the House briefly yesterday (with Mr Billson continuing his speech) but it lasted for about 5 minutes before being adjourned yet again. My legislation page for this bill includes extracts from Mr Billson'ns speech]]> Tue, 05 Jul 2011 12:08:42 +1000 8055DB95-D679-4BFC-A89F-80D32CF68E21 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No. 1) 2011 is listed for resumption of second reading debate today and for third reading in the House.]]> Mon, 04 Jul 2011 10:07:33 +1000 11E385FE-3C89-446D-9125-ABD9437C72D9 http://www.accc.gov.au/content/index.phtml/itemId/994735 ACCC press release. View notification register.]]> Wed, 29 Jun 2011 08:57:38 +1000 F3D6D8B9-5B3C-42AC-8398-EE901CC78F7A http://www.theaustralian.com.au/business-old/accc-must-rely-less-on-its-chairman-survey-finds/story-e6frg8zx-1226082386805 ACCC must rely less on its chairman, survey finds', The Australian, 27 June 2011) on the Global Competition Review's 10th annual survey of antitrust organisations. While the report 'mostly commends' the work of the ACCC, the ACCC 'could benefit from a higher profile for other commissioners'.]]> Mon, 27 Jun 2011 08:57:20 +1000 E72B9ED0-685E-42D2-B03A-DDC81C717484 http://australiancompetitionlaw.org/news.html Government's price signalling bill at 9.30pm last night (see Hansard, 23 June, from page 85). Mr Billson (Shadow Minister for Small Business, Competition Policy and Consumer Affairs) was the only speaker and was critical of the government's bill and the 'consultation' process regarding the bill. Debate was adjourned after about 15 minutes. In the meantime the Government has proposed yet another amendment to the bill containing yet another exception relating to communications following borrower insolvency (this problem was not mentioned in the report which recommended passage of the bill in existing form).]]> Fri, 24 Jun 2011 08:34:38 +1000 6029CF3A-5262-4372-99D5-32465369AD6C http://australiancompetitionlaw.org/reports/2010pricesignal.html Advisory Report on the Competition and Consumer (Price Signalling) Amendment Bill 2010 and the Competition and Consumer Amendment Bill (No. 1) 2011'. The report was due on 30 May and has only now been released. It will be of little surprise to anyone that the House Committee recommended passage of the Government's bill and rejection of the private member's bill put forward by Bruce Billson MP. More details will follow on my report page.]]> Thu, 23 Jun 2011 09:26:13 +1000 2620E4EA-9A93-4460-8C3E-44F49445895F http://www.accc.gov.au/content/index.phtml/itemId/993705 View ACCC press release.]]> Wed, 22 Jun 2011 22:25:29 +1000 6BD338CF-8752-4411-863A-41ED3F0AD585 http://www.theaustralian.com.au/business/industry-sectors/acccs-new-chief-puts-national-broadband-network-on-notice/story-e6frg9hx-1226079509257 ACCC's new chief puts National Broadband Network on Notice' (The Australian, 22 June 2011).]]> Wed, 22 Jun 2011 10:38:31 +1000 A06E635C-88BF-45B6-91A2-9E294FD371A2 http://www.treasurer.gov.au/displaydocs.aspx?doc=pressreleases/2011/067.htm&pageID=003&min=wms&Year=&DocType=0 View Treasury media release.]]> Fri, 17 Jun 2011 10:42:47 +1000 E5D858F2-FB93-4701-847A-993BBD8CBA40 http://australiancompetitionlaw.org/news.html ACCC Press Release.]]> Thu, 16 Jun 2011 02:48:47 +1000 198C33C8-8530-4917-A14A-37681659B202 http://australiancompetitionlaw.org/news.html ACCC Press Release.]]> Thu, 16 Jun 2011 01:48:12 +1000 4D0C06E8-B594-4827-9F18-DD775ABC951B http://australiancompetitionlaw.org/news.html View press release and exposure draft bill.]]> Thu, 16 Jun 2011 12:47:19 +1000 B2CB842C-7E80-453F-9D84-CFA1386B4B81 http://australiancompetitionlaw.org/news.html previously introduced on 27 May 2010 but lapsed with the last election). View second reading speech by the Hon David Bradbury MP. View bill home page.]]> Wed, 15 Jun 2011 17:18:23 +1000 EDEE7323-1094-4AE9-9BCC-8AF94DDDA82E http://australiancompetitionlaw.org/news.html View speech.]]> Wed, 15 Jun 2011 17:13:19 +1000 286F4AA1-8B9B-41DA-84B5-8F15910AC011 http://australiancompetitionlaw.org/news.html House Standing Committee on Economics has finally released submissions made to it on the Competition and Consumer Amendment Bill (No 1) 2011. These 11 submissions add to the seven previously made in relation to the private member's Competition and Consumer (Price Signalling) Amendment Bill 2010. The Committee was due to report on both bills by 30 May 2011. The report, if it exists, has not yet been made public. View submissions.]]> Wed, 15 Jun 2011 13:18:46 +1000 879254C5-0686-420A-9C7E-E4E6632E8EB7 http://australiancompetitionlaw.org/news.html The AFR reports (Sue Mitchell, page 19) that Metcash may learn this week whether or not the Federal Court will block the proposed acquisition of Franklins. Metcash and some retail analysts are confident Justice Arthur Emmett will find in their favour, but it is also expected the ACCC will appeal an unfavourable decision. Tue, 14 Jun 2011 13:18:23 +1000 F5A54768-CC30-4FED-A925-A58E581ABD75 http://australiancompetitionlaw.org/news.html press release. View mergers register.]]> Thu, 09 Jun 2011 14:37:13 +1000 5E58282C-0FCD-4843-BAEA-BBA88730E034 http://australiancompetitionlaw.org/news.html press release. View Authorisation register.]]> Thu, 09 Jun 2011 14:36:49 +1000 65837EF7-185A-46E0-A9E1-EF229E0B80DD http://australiancompetitionlaw.org/news.html press release. See authorisation register.]]> Thu, 09 Jun 2011 14:36:24 +1000 CF84BFE3-BEC7-4324-AB2D-C69E1BA426EE http://australiancompetitionlaw.org/news.html Yesterday it was Munchenberg's turn; today The Hon David Bradbury MP addressed the ABA's Banking Regulations Forum in Sydney. This is what he said in relation to price signalling (nothing new, so don't get excited):

"The Government also wants to see consumers get a better deal on their home loans by prohibiting anti-competitive price signalling. While information disclosure plays a vital role in any economy, in some cases, it can impede competition.

The Government has a Bill currently before Parliament to amend the Competition and Consumer Act to provide new prohibitions to address anti-competitive price signalling and information disclosures. The Bill is not directed towards ordinary commercial communications. Banks will be able to continue communicating with their customers, shareholders, market analysts, employees and other stakeholders in the ordinary course of business. The Bill provides that banks will still be able to fully comply with any continuous disclosure obligations, such as discussing their funding costs, as well as any other legal or regulatory obligations.

The Government has worked closely with the Australian Competition and Consumer Commission (ACCC) to design these amendments, consulting extensively on the draft legislation with the banking industry, legal experts and other stakeholders. This extensive consultation has produced laws which will effectively address the issue of anti-competitive price signalling and information disclosures, while allowing banks to get on with business." (emphasis added)

Extensive consulations. Yes, that is what he said. It's hard to imagine what a consultation which was not extensive would look like. Alternatively the extensive consultation has been very secret indeed, so that nobody actually knows about it. I'm still checking the HOR Inquiry website each day - but still no published submissions on the bill or a report (now overdue by well over a week).

]]> Wed, 08 Jun 2011 12:15:37 +1000 B3741808-5A96-4221-91AB-224848F8703D http://australiancompetitionlaw.org/news.html Perhaps not surprisingly, ABA chief Steven Munchenberg has attacked the government for making policy on the run that will damage the banking sector. Amongst the policy under attack was that relating to price signalling (still no report released on that). In a speech delivered at the Banking Regulations Forum in Sydney yesterday, he claimed (not without justification) that: "There no longer seems to be any onus on those demanding regulation to show that there is really a problem requiring a general regulatory response". Mr Munchenberg said the government's crackdown on price signalling and credit-card reforms were prime examples of regulation that was not needed for customers or the banking industry. In relation to price signalling he claimed:

"I have hunted high and low to understand the burning issue of price signalling in banking.

I hear what politicians on both sides claim, but it is interesting to note that there was very little suggestion that price signalling was a problem in the banking sector, until the Coalition announced that it was going to introduce new regulation to fix the problem we weren’t aware that we had."

See Scott Murdoch, 'ABA chief Steven Munchenberg slams Labor for policy on the run' (The Australian, 8 June 2011). See also John Durie, 'Finance sector in bid to block ban on exit fees on mortgages' (The Australian, 7 June 2011) discussing the issue of price signalling and the proposed ban on exit fees (claiming both are examples of 'poor public policy in the name of short-term political point-scoring').

]]> Wed, 08 Jun 2011 11:47:57 +1000 D4E51938-2DDC-4EA1-841D-D54AB6415A58 http://australiancompetitionlaw.org/news.html House Economics Committee was due to report on 30 May, but the report has not been tabled and is not available on the web site. Nor are the submissions made to the Committee regarding the Government's price signalling bill. At least one of these can be found elsewhere - for example, Brent Fisse has his joint submission (with Caron Beaton-Wells) up on his website, but there is no justification for the delay in publishing all submissions made on the APH website, which indicates they will be published once received and authorised for publication - it is now almost two weeks since submissions were due (on 20 May). Silence also surrounds the report - the last media release did not alter the reporting date of 30 May. I will post an update when I know more. In relation to the bill Brent Fisse also has a forthcoming article: 'Why the Competition and Consumer Amendment Bill (No 1) 2011 is International Worst Practice - An Illustrated Summary' which may be of interest - an abstract is available from his web site. ]]> Thu, 02 Jun 2011 09:47:15 +1000 631C8C73-E47E-4F60-9117-EEE88F6DD08D http://www.accc.gov.au/content/index.phtml/itemId/975742/fromItemId/750991 commenced review of Foxtel's proposed acquisition of Austar on 26 May. On 31 May they released a letter for interested parties seeking information regarding the proposed acquisition, including background information. Submissions are due by 16 June 2011. The proposed date for the ACCC to announce its findings is 21 July.]]> Wed, 01 Jun 2011 09:25:45 +1000 64367AA0-67C3-4257-A0D2-3A74D0ECBD1F http://australiancompetitionlaw.org/news.html HOR Economics Committee on the government's proposed price signalling bill. Submissions made in relation to the government's bill have not yet been published (the inquiry is also considering the opposition's price signalling bill - submissions relating to that bill were due earlier in the year and have been published). The inquiry home page still indicates that a report is due by Monday.]]> Thu, 26 May 2011 09:37:27 +1000 FD38107A-2291-4E1F-8920-A80611E4721F http://australiancompetitionlaw.org/reports/1979blunt.html Small business and the Trade Practices Act (Volume 1, December 1979). I hope to be able to make some more of the older trade practices reports available soon (pending further permissions). Although a 1979 report, it is interesting to note that some of the same issues continue to re-surface in current inquiries. Given some of the recommendations stemming from recent milk inquiries, chapter 10 of this Blunt Report, which discusses 'price discrimination' in detail, may be of particular interest; the Committee concludes that s 49 (which at the time prohibited price discrimination) should be repealed. As I have digitised from an older copy it does contain some markings, but all text is readable.View full report (PDF: 5mb - 127 pages). See also my Blunt Committee page, which includes some shorter extracts from the report.]]> Mon, 23 May 2011 14:22:01 +1000 13D322CB-08DD-4F4D-9BC2-403B5C5F06CC http://www.accc.gov.au/content/index.phtml/itemId/988565 View press release.]]> Fri, 20 May 2011 13:32:16 +1000 A901BF1D-DEF6-4488-B6CB-D49EFF24BF22 http://www.aph.gov.au/house/committee/economics/1BillPriceSignalling/media.htm called for submissions on an 'expanded' inquiry into the Competition and Consumer (Price Signalling) Amendment Bill 2010 and the Competition and Consumer Amendment Bill (No. 1) 2011 (previously the house was considering only the 2010 bill) - it's given interested parties a whole TWO DAYS to make submissions (submissions are due 20 May 2011). Despite the hopelessly inadequate amount of time (especially in light of recent Senate Standing Committee conerns over the government's bill) hopefully there will be time for some sensible submissions; however, in light of the farcical time frame for submissions I'm not holding my breath about the extent to which they will be considered by the Committee.]]> Wed, 18 May 2011 12:38:04 +1000 3D30CCCC-BCFA-476C-8447-2A543431FB12 http://australiancompetitionlaw.org/news.html Have a look at the op-ed on page 63 of today's Fin Review by Caron Beaton-Wells and Brent Fisse, who have been the most vocal commentators on the Government's proposed price signalling laws. Amongst other things, they call for release of 'the independent legal advice on which [the Government] has relied.' This is particularly topical given the House Standing Committee's call for submissions on the price signalling bills. Wed, 18 May 2011 12:44:30 +1000 34CAC583-4803-4221-8FA2-5558AD1EC948 http://australiancompetitionlaw.org/news.html Blog Symposium featuring discussion of the book by Caron Beaton-Wells and Ariel Ezrachi (editors) - Criminalising Cartels: Critical Studies of an International Regulatory Movement. Initial comments will be provided by Thomas Cheng (Hong Kong), Angus MacCulloch (Lancaster, UK), Anestis Papadopoulos (Athens, Greece), Daniel Sokol (Florida, USA) and myself. The first two reviews, by Angus MacCulloch and myself have been posted; the remaining reviews will be posted on 24 May on the Antitrust and Competition Policy Blog. It is anticipated that Caron and Ariel and some of the authors will then participate in responding/discussing the posts. Given Australia's recent criminalisation of cartels this may be of interest to some. ]]> Wed, 18 May 2011 10:04:45 +1000 FEE53BCE-2C4A-43F8-B470-5BA597CADA0E http://australiancompetitionlaw.org/news.html ACCC press release. See authorisation register.]]> Fri, 13 May 2011 10:03:15 +1000 D1CF8455-CD28-4B15-B799-FB4832BDE8E2 http://australiancompetitionlaw.org/news.html Competition and Consumer Amendment Bill (No.1) 2011 (the Government's price signalling bill). In particular, the Committee noted that 'it is of concern that this scope of the prohibitions introduced by this bill are to be determined entirely through delegated legislation.' Treasury advice is sought about the possibility of defining the scope of the law in primary legislation, and it is noted that in the meantime 'the Committee draws Senators’ attention to the provisions, as they may be considered to delegate legislative powers inappropriately'. See Senate Standing Committee for the Scrutiny of Bills Altert Digest 4 (pages 19-20).]]> Sat, 14 May 2011 09:21:52 +1000 903470F4-E225-45D1-B13E-835C7901E043 http://australiancompetitionlaw.org/news.html We don't need to wait for the Senate Economics Committee report, the House has drawn its own conclusions. The following motion was brought and agreed to in the House of Representatives (Hansard pp 71-72):

That this House: (1) notes with concern the impact on the Dairy Industry of the Coles milk pricing strategy and that: (a) dairy farmers around the country are today seriously questioning their future having suffered through one of the worst decades in memory including droughts, floods, price cuts and rising cost of inputs such as energy and feed; (b) unsustainable retail milk prices will, over time, compel processors to renegotiate contracts with dairy farmers and the prospect that these contracts will be below the cost of production may force many to leave the industry; (c) the fact that supermarkets are now selling milk cheaper than many varieties of bottled water will be the straw that finally breaks the camel's back for many dairy farmers; and (d) the risk of other potential impacts includes: (i) decreased competition as name brands are forced from the shelves; and (ii) the possible loss of fresh milk supplies to some parts of the country as local fresh milk industries become unviable; and (2) calls on the Government to: (a) ask the ACCC to immediately examine the big supermarkets and milk wholesalers after recent price cuts to ensure they do not have too much market power and are not anti-competitive in their behaviour; and (b) support the new Senate inquiry into the ongoing milk price war between the country's major supermarket chains'.

]]> Sat, 14 May 2011 09:19:54 +1000 22F0E991-8E23-4A4E-B910-4C8F863D4F5A http://australiancompetitionlaw.org/news.html press release. See authorisation register.]]> Thu, 12 May 2011 22:03:59 +1000 6C4B068A-6ED4-4A99-9C68-B63B85446877 http://www.accc.gov.au/content/index.phtml/itemId/987171 Statement of Issues on the possible acquisition by Westfarmers of interests in Burrup Holdings Ltd and/or Burrup Fertilisers. Submissions can be made until 30 May; final decision deferred until 23 June. View press release. View mergers register.]]> Thu, 12 May 2011 10:26:26 +1000 BE4D4F09-FA9F-45CE-8ABA-C53929988EEA http://australiancompetitionlaw.org/news.html Antitrust Law and Economics by Keith N Nylton (reviewed by Rhonda Smith) and Australian Cartel Regulation by Caron Beaton-Wells and Brent Fisse, which I have reviewed.]]> Tue, 10 May 2011 17:00:36 +1000 14424258-075A-40B2-8C04-202D50316F92 http://australiancompetitionlaw.org/news.html second interim report on 'The impacts of supermarket price decisions on the dairy industry'. In it the committee notes that many of the issues raised by the inquiry 'require scrutiny over a longer period of time' and, accordingly, concludes that 'it is not able to draw final conclusions or make recommendations at this stage'. Recommendations will be made in the final report to be released in October. Additional comments were made by a group of Senators comprising Nick Xenophon, Bill Heffernan, John WIlliams and Christine Milne, who criticise the government for not enacting any of the recommendations from the 2010 Milking it for all it's worth report and (predictably) criticise the ACCC. Senator Scott Ryan provides a much more reasoned 'Additional Comment' to the report, beginning p 74. More detail on this in my blog piece.]]> Mon, 09 May 2011 20:56:18 +1000 45023C07-3032-47DF-919A-DEB5A0163522 http://australiancompetitionlaw.org/news.html 374 page report on 'Competition within the Australian banking sector'. It includes recommendations for modification of the government's proposed price signalling legislation. More details to follow. View more on the Senate inquiry.]]> Fri, 06 May 2011 15:53:12 +1000 D5D3B7D6-40B9-44DC-9D1B-64B5E29F72CB http://australiancompetitionlaw.org/news.html View the Tribunal's finding. See, for example, Matthew Stevens, 'Fortescue the architect of its own Pilbara rail defeat' (The Australian, 5 May 2011). The decision is not yet available through AustLII.]]> Wed, 04 May 2011 11:56:30 +1000 F20AB2DC-B868-4D15-8E07-25D3FE7A6BD7 http://australiancompetitionlaw.org/news.html transcript of press conference.]]> Tue, 03 May 2011 17:08:58 +1000 BC0C7424-8FCD-4CF8-B461-92AB14338AE5 http://competitionlaw.wordpress.com/2011/05/03/rod-sims-chairman/ media release. View my blog for more details.]]> Tue, 03 May 2011 13:53:46 +1000 4A9A846A-7D58-4271-8940-C8D39648D9B3 http://www.theaustralian.com.au/business/industry-sectors/milk-wars-not-a-threat-to-farmers-says-coles-research/story-e6frg95o-1226045862359 View article.]]> Thu, 28 Apr 2011 12:49:19 +1000 0F63D4EB-2C41-4CFA-B399-68A0A01C092E http://www.accc.gov.au/content/index.phtml/itemId/984622 press release. View mergers register.]]> Thu, 21 Apr 2011 12:48:51 +1000 AA89C317-B691-4065-AC4D-48FF8264AD79 http://competitionlaw.wordpress.com/2011/04/20/milk-interim-report/ Milking it for all it's worth' report and then explained why it was no yet releasing a full report. It indicated a further interim report will be released by 10 May and a final report by 1 October. View interim report. View more on this inquiry.]]> Wed, 20 Apr 2011 12:48:19 +1000 ED5ED3F0-31AE-48EA-8624-6D06C326630D http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 20 Apr 2011 12:47:36 +1000 327C07F8-3CF1-42B8-9720-3DF087ABFCBF http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 20 Apr 2011 12:47:07 +1000 20016BBC-CCE7-4E02-AE51-A567DDA96DB3 http://australiancompetitionlaw.org/news.html s 46 CCA). This is the largest penalty ever imposed under our Commerce Act 1986.Justice Rodney Hansen provides a relatively lengthy and useful discussion of factors to be considered in imposing a penalty. The Commerce Commission sought penalties of between NZ$20-25million. Telecom argued for no penalty, or a modest one, claiming the contravention was 'limited and minor'. The maximum penalty, given Telecom's turnover, was $279.2 million. In his judgment, Justice Hansen referred to Australian Competition and Consumer Commission v Telstra Corp Ltd [2010] FCA 790 as being closest in facts for the purposes of assessing appropriate penalties (in that case Telstra was penalised $A18,550,000). See Commerce Commission v Telecom Corporation of New Zealand Limited. Thanks to Ben for alerting me to the decision.]]> Tue, 19 Apr 2011 16:29:40 +1000 A47A2947-2940-4D52-A6E8-3937E4650BCB http://australiancompetitionlaw.org/news.html Brent Fisse has provided his analysis (available on his web site) of why he considers this to be incorrect and highly misleading. Never one to mince words, Fisse claims that the proposed bill 'represents international worst practice on information exchanges between competitors' and refers to the bill as 'mindless proposed legislation'. Brent Fisse is the co-author (with Caron Beaton-Wells) of the new book, 'Australian Cartel Regulation' published by CUP. View also The Competition and Consumer Amendment Bill (No 1) 2011: International Worst Practice on Information Exchanges Between Competitors (abstract) (PDF)]]> Fri, 15 Apr 2011 11:57:18 +1000 9E1BE30D-15CB-4A3F-823F-C4B42D39D4F4 http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=speeches/2011/007.htm&pageID=005&min=djb&Year=&DocType speech to Gilbert and Tobin Lawyers on Anti-competitive price signalling and information disclosure. In it, he claims the government's price signalling bill, currently before parliament, will first apply to banks because there is "strong evidence that anti-competitive price signalling has been occurring" in that sector. He reiterates that the laws will only be extended to other sectors 'after further detailed consideration'. He further claims that the laws "laws will close an identified gap between Australian competition law and the laws of major international jurisdictions, such as the United Kingdom, United States and the European Union, which deal with anti-competitive price signalling and information disclosures." [differences between those laws and the one the government proposes are not acknowledged]. View speech.]]> Fri, 15 Apr 2011 09:47:09 +1000 D4AD19C0-C954-4505-B968-E1A84E009C5E http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=speeches/2011/006.htm&pageID=005&min=djb&Year=&DocType The Critical Role of Competition Policy. It's pretty light on - a bit of history and a bit of discussion about international competitiveness and some rhetoric about needing to remain competitive and not being 'complacent' about achievements gained through competition policy.]]> Tue, 12 Apr 2011 14:03:30 +1000 C67A87B2-1898-4F02-9484-75479BAA5E8B http://www.accc.gov.au/content/index.phtml/itemId/982436 press release.]]> Mon, 11 Apr 2011 09:44:24 +1000 4EEC2046-4833-44A0-AB7E-B87F81000D04 http://australiancompetitionlaw.org/reports/2011milk.html milk inquiry is now available here. This involves testimony from Coles and Woolworths and lots of aggression from Bill Heffernan (who would prefer that the supermarkets discounted water ...). It also features Senator Colbeck informing Senator Heffernan that he doesn't look anything like Senator Hurley. Worth a read.]]> Fri, 08 Apr 2011 09:43:25 +1000 8A8DF702-AEDD-4EF8-B700-858AB2C78440 http://www.accc.gov.au/content/index.phtml/itemId/981744 press release. View authorisation register.]]> Wed, 06 Apr 2011 09:42:38 +1000 4CF0B43B-BA2D-48D4-AB6A-F8D83CD9A62D http://australiancompetitionlaw.org/news.html Long process to select new ACCC chief) reports that Graeme Samuel has now officially announced his intention not to seek a further term as ACCC chief. Although he has previously indicated he would not seek a further term, there had been continuing speculation that he might - an email to staff was intended to end this speculation. As a result, his term will come to an end on 31 April 2011. See also 'ACCC boss to stand down: report' (Business Spectator)]]> Tue, 05 Apr 2011 13:52:23 +1000 341E3403-E50D-4944-9E42-0A263A93413A http://australiancompetitionlaw.org/news.html Milking the cash cow') provides one of the few media articles which point out the hypocrisies inherent in some of the criticisms of Coles' pricing strategies. He also points out, as most have neglected, that the biggest critics are the suppliers which have significant vested interests. He also talks about resale price maintenance in an article, which is enough to bring a smile to my face any day. He also calls out Nick Zenophon for blindly defending the suppliers: "Yet politicians like Senator Nick Xenophon have swallowed them completely and are making outlandish policy recommendations on the run." He further goes on to discuss the dubious economics and 'real life' consequences of predatory pricing claims. The article can't get much better ... well worth a read.]]> Tue, 05 Apr 2011 13:51:57 +1000 FCF80AC7-DC04-49BC-B11C-79BF931B086F http://australiancompetitionlaw.org/news.html Farmers backed in Coles milk battle' (Herald Sun, 5 April 2011), Matt Johnston claims that the Australian Dairy Farmers group 'is canvassing financial support to bankroll a case against Coles, accusing the supermarket giant of predatory pricing'. Coles denies engaging in predatory pricing, claiming it has not been selling milk at a loss (which is required for a successful action under the Birdsville Amendment, although it is not a pre-requisite under the standard misuse of market power provision, which might also found a claim for predatory pricing). The article also notes that farmers allege there is a 'prima facie case of price discrimination' between private labels and processor brands (although given price discrimination is not illegal in itself, the relevance of this appears to be in providing anti-competitive purpose rather than founding a separate cause of action) and that they believe Coles' actions constitute predatory pricing. The article also states that companies found guilty of predatory pricing face fines of up to $10m (although that is not the maximum fine limit anymore). Coles, who no doubt are fairly well informed of their obligations under the CCA - particularly the very prescriptive, if not economically justifiable, Birdsville Amendment - have denied below cost pricing, so it's tough to see a claim succeeding in relation to this provision - but as a matter of pure academic interest, I'd love to see it litigated ...]]> Tue, 05 Apr 2011 13:09:02 +1000 47D45DD0-CF28-448A-9873-9F707362AC2F http://australiancompetitionlaw.org/news.html Coles milking the price war for all it's Woolworths' (The Daily Telegraph, 4 April 2011). IGA claims Coles' Down Down campaign is deceiving the public. It's not entirely clear how. I wonder if the Senate will launch new inquiries into every affected industry ...]]> Mon, 04 Apr 2011 12:23:07 +1000 CC639552-59D0-430A-8E77-21D4D68B2A9D http://australiancompetitionlaw.org/news.html There's an item on page 3 of Today's AFR by Matthew Drummond, 'Price signalling laws may be widened'. It notes that the ACCC is 'keen to have the laws applied more generally'. It also quotes Allen & Overy's Dave Podder as saying that the law has 'created a runaway train because it's so badly drafted'. Mon, 04 Apr 2011 12:22:48 +1000 74AA3381-FD3F-46C1-B4C9-DC05CA296C9D http://australiancompetitionlaw.org/news.html Senators suggest breaking up big supermarkets'). Xenophon has the bright idea of breaking up Coles and Woolworths. Coles claims the discounts are sustainable; Woolworths claims they are not (although as price followers rather than leaders on this they have an obvious interest in the prices being raised).]]> Wed, 30 Mar 2011 10:10:59 +1100 545AF3DB-6D67-4B23-B3C3-DDFD62AA28DE http://australiancompetitionlaw.org/news.html milk price wars will be held in Canberra today - scheduled to appear are Coles, Woolworths and Choice. Coles has said that it is "looking forward to explaining to the Senate committee how it is committed to reducing shelf prices for Australian shoppers, while ensuring that primary producers are not disadvantaged in the process" (see SMH). Dairy farmers have called on the supermarkets to use their appearance before Senate to commit to ending the price war (ironically, much of this inquiry is about whether their conduct is anti-competitive; such a joint commitment would be the most overtly anti-competitive act to date). Chairman of the Dairy Farmers Milk Co-op, Ian Zandstra has claimed the supermarkets must be more transparent and that it is for them to prove they have not engaged in loss leading or predatory pricing; while this may be useful for PR purposes, it's clearly not their legal obligation. Meanwhile, Coles have indicated that the next product to be targeted in its 'Down Down' campaign is fresh chicken.]]> Tue, 29 Mar 2011 09:37:55 +1100 C7C9845A-ACF1-4C5C-B19F-11EE29A259D0 http://australiancompetitionlaw.org/news.html Watchdog stymied by key Metcash witness no-show', The Australian, 29 March.]]> Tue, 29 Mar 2011 09:37:14 +1100 4C443811-50D9-4630-9597-58C5A9C3F8C3 http://australiancompetitionlaw.org/legislation/2011pricesignalling Competition and Consumer Amendment Bill (No 1) 2011 to prohibit price signalling. This follows the release, late last year, of an Exposure Draft Bill. Although there are some modifications, it is clear that fundamental concerns about the legislation were not given much consideration. The Bill introduced is longer and more complex than the Exposure Draft Bill, with amendments running to 14 pages of very dense legislative text. View Second Reading Speech. See also 'Crackdown on price signalling introduced' (SMH, 24 March)]]> Fri, 25 Mar 2011 08:46:23 +1100 19E559B1-6035-4DBF-B9CB-4E058AFFE065 http://australiancompetitionlaw.org/news.html labeled the ACCC a toothless chihuahua (he's also recently and unjustifiably attacked them in the farcical Senate milk inquiry). Senator Xenophon appears to be criticising the ACCC for not taking action against a non-breach of the legislation. He also suggests that ACCC is working hard to find 'new ways to tell Australian consumers why they can't do anything'. Of course, he thinks it's a great idea to deprive consumers of the opportunity to buy cheap bear. Senator Xenophon needs a little education in competition law and economics. In the meantime it may be better for everyone if he just stopped talking. Meanwhile, the Choice consumer group have attacked Foster's for their actions. Christopher Zenn, for Choice, expressed justified cynicism at Fosters' suggestion that it is concerned about the potential for the supermarkets to damage their brands through discount pricing (which is the key justification for the loss-leader defence relied upon by Foster's).]]> Wed, 23 Mar 2011 15:30:42 +1100 27199355-EA5E-4CF7-9FC0-FB0E59553657 http://australiancompetitionlaw.org/news.html Wayne Swan's press release.]]> Wed, 23 Mar 2011 17:42:15 +1100 A3F0E1D0-A6EB-4A5A-8B72-B88DC8C994F9 http://australiancompetitionlaw.org/news.html s 98 of the CCA (although everyone still seems to refer to the TPA) which allows them to withhold were their goods are used as loss-leaders. Not at all surprisingly, Senator Xenophon and his mate Frank Zumbo have been the first to come out in vocal support of Fosters' actions; Xenophon has called for the ACCC to outlaw below-cost pricing (apparently under the misapprehension that the ACCC has these magical powers - no doubt if up to him they would be given those bizarre powers) and Zumbo has praised Fosters as 'brave' for trying to 'protect competition' in the market. He manages to relate this back to the current milk inquiry where he claims that the selling of cheap milk will destroy dairy farmers and threaten access to fresh milk. There's no attempt at an economic rationale for that conclusion, but we wouldn't want to complicate matters (cf, for example, the evidence, of Stephen King before the Committee on 10 March). See, for example, Peter Ryan, 'Foster's pulls beer to foil price war' (ABC News, 23 March 2011)]]> Wed, 23 Mar 2011 09:52:40 +1100 AD70C6B9-AC67-4706-AA4D-95FE0FC051DC http://australiancompetitionlaw.org/news.html article by Drew Cratchley for AAP (21 March 2011). See also Elisabeth Sexton, ACCC's Metcash denial, SMH, 22 March.]]> Tue, 22 Mar 2011 12:56:28 +1100 404D4741-62FE-4E5E-81BF-68C3AF2F4DD6 http://www.accc.gov.au/content/index.phtml/itemId/978359 press release. View merger register.]]> Thu, 17 Mar 2011 21:18:14 +1100 94420BDC-36F0-4FDC-BAC0-1BC3A39070F2 http://www.accc.gov.au/content/index.phtml/itemId/978327 press release. View merger register.]]> Thu, 17 Mar 2011 21:17:27 +1100 4FFD55BE-CAB0-4054-9F52-8AE87DD379AB http://australiancompetitionlaw.org/news.html transcripts are now available from the Senate's inquiry into the 'impacts of supermarket price decisions on the dairy industry' (naturally Frank Zumbo used the opportunity to once again rave about the Birdsville amendment on predatory pricing - he doesn't fail to mention he drafted it, amongst other things (such as a purported need for price discrimination laws and proposing an office of the Australian small business and farming commissioner)). Meanwhile, Coles has defended its milk pricing in its submission to the inquiry (submission number 131), claiming it "did not intend to and has not sold retail milk at a price below the commercial cost of acquiring it from milk processors" (see also ABC, 'Coles defends its milk pricing, in submission to inquiry' (16 March 2011)). More to follow ...]]> Thu, 17 Mar 2011 10:19:28 +1100 9951DC14-3DDC-4CD8-8DB9-E9AC8F800F32 http://www.accc.gov.au/content/index.phtml/itemId/977903 press release. View register (including undertaking)]]> Tue, 15 Mar 2011 22:09:05 +1100 80DBF5F6-0513-4181-BB63-637CD4DFF175 http://australiancompetitionlaw.org/news.html The ACCC's injunction hearing to block Metcash's proposed acquisition of Franklins stores. Neat item by Hannah Low in today's AFR ('Grocery wars are raging: Metcash - page 3) and plenty more items avaiable online. The trial is before Justice Arthur Emmett. Tue, 15 Mar 2011 16:11:02 +1100 7C5A8321-95A8-40FA-A519-FB8DB44806F4 http://australiancompetitionlaw.org/news.html Watchdog Under Attack, SMH, 10 March. See also Alison Rehn, 'Milk war sparks watchdog inquiry' Herald Sun).Yes, somehow the ACCC have been napping and completely missed all the hype surrounding the 'milk wars' and the Senate inquiry they've been called before. Processors who believe there has been a contravention of the Act are, of course, free to take action. The ACCC does have some s 155 powers to obtain evidence where it believes there has been a contravention of the Act; on the other hand, if discussions have occurred (as the ACCC claims) with Coles and they have produced no evidence of 'below cost pricing', then these powers are more limited. The ACCC have insisted that, within their powers, they are investigating the conduct for possible contraventions of misuse of market power or unconscionable conduct breaches - Graeme Samuel also noted that their investigation would be rigorous and independent, something neither the media nor Senate can claim. For something different from the popular media reporting (and there's plenty of it for those interested), see Stephen King's blog, 'Milk Headlines' and David Leyonhjelm, 'Milk wars will only lead to retailer skimming' in the Business Spectator.]]> Thu, 10 Mar 2011 13:26:40 +1100 6A67E0FF-683A-4E11-B52D-97B313AF8884 http://australiancompetitionlaw.org/news.html press release. See merger register. I'm guessing that unlike the Metcash decision, this one won't prompt a Senate Inquiry, but the AFR reports today (Sue Mitchell, 'Asahi has ACCC in its sights', AFR, 10 March 2011, p 19) that Asahi is considering legal appeal against the ACCC's informal decision.]]> Wed, 09 Mar 2011 13:26:21 +1100 768C70C6-857B-496F-98B4-F9BF96A7BE13 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 09 Mar 2011 00:25:29 +1100 B7E3B16C-4641-4DE0-BD7A-A87BC90BCBA2 http://australiancompetitionlaw.org/news.html ACCC action in which Justice Heerey imposed a $36m penalty of Visy, noting that this was "by far, the most serious cartel case to come before the Court in the 30 plus years in which price fixing has been prohibited"). In an item in the Australian (Visy and Amcor settle box lawsuit), Andrew Main notes speculation that the settlement may be inthe order of $150 million (others have speculated it may be in the order of $500million).]]> Wed, 09 Mar 2011 09:19:51 +1100 7112F92D-33B0-4CF5-A1D6-F33426BEA99D http://australiancompetitionlaw.org/news.html inquiry web site. There is no shortage of media on this one.]]> Wed, 09 Mar 2011 09:19:02 +1100 3061633A-F490-49E1-9568-2822F55531DB http://australiancompetitionlaw.org/foi.html View FOI documents.]]> Mon, 07 Mar 2011 11:00:08 +1100 EEA9D05C-405A-43D4-AE21-EB47A8B554FE http://australiancompetitionlaw.org/news.html press release.]]> Fri, 04 Mar 2011 10:59:44 +1100 B8A77783-D0FD-4B9F-8B7D-68C0D656CD38 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 03 Mar 2011 10:59:22 +1100 C2A91E2C-407C-4DFE-A337-21D43F4BB154 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 03 Mar 2011 09:58:45 +1100 B63FE49E-9FBB-4476-9D8B-CF9BF2A4B3CB http://australiancompetitionlaw.org/reports/2010metcash.html View inquiry details. See also Blair Speedy, 'Senate drops ACCC probe' (The Australian, 2 March 2011)]]> Wed, 02 Mar 2011 14:28:36 +1100 8B3C6DF6-FFF5-4E25-904F-E11007E5DD87 http://www.accc.gov.au/content/index.phtml/itemId/975742/fromItemId/750991 View merger register.]]> Wed, 02 Mar 2011 14:15:54 +1100 75680E5F-53A5-48E8-B5BE-2FF2BA38BCC3 http://www.accc.gov.au/content/index.phtml/itemId/975828/fromItemId/142 press release. View authorisation register.]]> Wed, 02 Mar 2011 11:14:47 +1100 B0457DB7-3A42-4DB9-BD46-AF067E82E7D2 http://www.accc.gov.au/content/index.phtml/itemId/975200/fromItemId/750991 merger register.]]> Tue, 01 Mar 2011 14:14:31 +1100 74E74A82-BAC4-4CE0-B411-47B754B1DBAC http://australiancompetitionlaw.org/news.html View ACCC press release. View judgement.]]> Mon, 28 Feb 2011 10:52:56 +1100 E3AFBEC9-212D-4658-9184-165E66D25DAF http://economics.com.au/?p=6756 View blog post at Core Economics.]]> Sun, 27 Feb 2011 09:42:06 +1100 9AA23857-47DE-4596-82B0-C110276A7D05 http://australiancompetitionlaw.org/news.html press release.]]> Fri, 25 Feb 2011 09:30:42 +1100 024D80E1-A625-4C89-AF34-1E7FEFB93FB0 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 23 Feb 2011 22:29:50 +1100 1C201F67-33EA-44CF-B4F6-FC7884490FE5 http://australiancompetitionlaw.org/news.html draft determination proposing to re-authroise the Australian Swimmers' Association Inc to collectively bargain with Swimming Austrlaia Ltd on behalf of members for a further ten years. View press release.]]> Wed, 23 Feb 2011 21:29:24 +1100 335A1824-7762-4095-B353-B40091A937A8 http://australiancompetitionlaw.org/news.html blog post.]]> Wed, 23 Feb 2011 18:35:49 +1100 852D6528-D17B-48E9-B33B-01BFE5A21746 http://australiancompetitionlaw.org/news.html Australian Cartel Regulation', by Caron Beaton-Wells and Brent Fisse, was launched yesterday at an event hosted by Prof Bob Baxt AO. The book was officially launched by The Honourable Peter Heerey QC, who also used the occasion to criticise the current approach to legislative reform in the area of competition policy - in particular, he contrasted the lengthy process that resulted in the new cartel laws with the ad hoc, populist and reactionary approach that has been a feature of recent changes, from the infamous Birdsville amendment to the proposed price signalling laws. More information about the book can be found here. ]]> Wed, 23 Feb 2011 09:14:27 +1100 8F64A704-F345-4D09-8AE6-467C5C8C4CE3 http://australiancompetitionlaw.org/news.html view decision). Rio is challenging the Tribunal's decision to grant access to some lines. The appeal is being heard in Melbourne by Chief Justice Keane and justices Middleton and Mansfield. See, eg, Leonie Wood, 'Fortescue puffs out chest on rail lines', SMH, 22 Feb 2011]]> Tue, 22 Feb 2011 13:51:48 +1100 F01BD5FC-1A4A-4C42-B2B3-4D5965697608 http://australiancompetitionlaw.org/news.html Jonathan Barrett has an item on page 14 of today's AFR discusing the exemption granted by the ACCC to owners of the North West Shelf gas project. He notes that the ACCC did not seek input from Woodside Energy prior to granting the exemption. Woodside's chief executive, Don Voelte, has claimed that the exemption is both unnecessary and potentially costly for WA residents. Tue, 22 Feb 2011 11:51:09 +1100 BDBCFE2E-A4C2-4CFA-8CF4-B6D576EE32C4 http://economics.com.au/?p=6726&utm_source=rss&utm_medium=rss&utm_campaign=milking-the-public milk inquiry. View blog.]]> Mon, 21 Feb 2011 13:50:49 +1100 8C39AF5D-35C3-4336-B951-A638633CF904 http://www.accc.gov.au/content/index.phtml/itemId/973327 press release. View authorisation decision.]]> Thu, 17 Feb 2011 16:17:37 +1100 D118A24C-CA0D-4B3F-9E01-EE7E67F5E694 http://australiancompetitionlaw.org/news.html#milk2 Yes, another inquiry. I noted on 26 January that the opposition had called for an investigation over milk competition between Coles and Woolworths and now they have it. Independent senator, Nick Xenophon, announced the inquiry yesterday, noting that he understands 'consumers want cheap milk' but that consumers will suffer if the short term cuts mean 'the 'descruction of our dairy industry'. See Senate Hansard page 36. The inquiry is likely to start in the second week of March and is supported by the opposition. It will include investigation into whether the price reduction is anti-competitive (because the Senators increasingly believe themselves more equipped than the ACCC for such an assessment). Labor has not supported the inquiry.

For more details see my inquiry page. For related news see, for example, AAP, 'Senate announces inquiry into supermarket milk wars' (Herald Sun, 10 February); Sid Maher and Pia Akerman, 'Farmers urge milk price revolt against Coles' (The Australian, 11 February 2011); Michael Harvey, 'Senate announces inquiry into supermarket milk wars' (Herald Sun, 11 February) and 'Labor rejects probe into milk price war' (ABC, 10 February)

]]> Fri, 11 Feb 2011 09:12:06 +1100 71D0B8E7-600C-4294-852C-B6B9D9EA855E http://www.accc.gov.au/content/index.phtml/itemId/971055 press release. View authorisation register.]]> Fri, 04 Feb 2011 12:01:35 +1100 02D0DE1D-D821-4F29-80F7-2B60D4F57B0B http://australiancompetitionlaw.org/ Samuel's vow: I will get cartels' contains an interview with Samuel about future criminal cartel prosecutions and the ACCC's role generally, including this slightly spooky remark: 'Every day, every minute, even while you sleep, everything you do will be oversighted by the ACCC".]]> Mon, 31 Jan 2011 11:00:02 +1100 6F84D4FC-67F5-42DD-A0B8-223BA40CAF4B http://australiancompetitionlaw.org/ item by Elisabeth Sexton in the SMH today discusses the interest of grocery rivals, Coles, Woolworths and Aldi, in the forthcoming (14 March) ACCC challenge to Metcash's proposed takeover of Franklins and discusses the ACCC's statement of claim.]]> Mon, 31 Jan 2011 09:59:41 +1100 E0971CA0-2025-4FBD-A1D1-35D27A6A7EBC http://australiancompetitionlaw.org/ Competition and Consumer Amendment Bill (No.1) 2011 (Exposure Draft Bill) have now been published. Twenty-four submissions were made. View submissions.]]> Fri, 28 Jan 2011 10:59:00 +1100 43600B60-D483-4412-A072-445DAFF935DA http://australiancompetitionlaw.org/ Oppn calls in watchdog over milk debate'. The opposition considers such price 'slashing shameful'. Opposition agriculture spokesman John Cobb wants any inquiry to be 'fair dinkum' (claiming previous ACCC inqury into grocery retailing was simply a 'Labor ruse'). See also John Durie, 'Coles' milk price cut aimed at Woolies and Aldi, but the real victim will be processors' (The Australian).]]> Wed, 26 Jan 2011 10:57:53 +1100 12744392-CB6E-4BE8-B53B-40F129F88DB7 http://australiancompetitionlaw.org/ Competition and Consumer Amendment Bill (No.1) 2011 (Exposure Draft Bill) are worth a look. See, eg, John Durie, 'Business backlash gorws on government's price signalling crackdown' (The Australian) (discussing a number of submissions, although one quote appears a tad wrong, claiming the LCA believes the laws (if introduced) should only prohibit disclosure "for the purpose of substantially increasing competition"! (fortunately their submission does refer to lessening rather than increasing competition)); Terry McCrann, 'Level playing field, Samuel-style' (Herald Sun) (McCrann criticises Samuel' 'bizarre understanding of commercial reality' when it comes to price signalling); Peter Taylor, 'ACCC tough on price signals' (Herald Sun) and Jennifer Hewett, 'Draft bill on price signalling may have unintended consequences' (The Australian). ]]> Wed, 26 Jan 2011 08:57:26 +1100 46961DCA-55AC-4767-AE68-B50A5AB39E4A http://australiancompetitionlaw.org/ Woolworths makes complaint against Bunnings as hardware war heats up' (SmartCompany)]]> Tue, 25 Jan 2011 10:57:00 +1100 11A73D51-D748-4748-90BA-878B1317968F http://australiancompetitionlaw.org/ draft determination proposing to grant authorisation for owner drivers providing concrete cartage services to collectively bargain with Q-crete.' View press release.]]> Mon, 24 Jan 2011 10:56:32 +1100 BD317731-852E-4E5E-BEE6-6E61E783FD93 http://www.accc.gov.au/content/index.phtml/itemId/969195 provided undertakings to the ACCC following concerns that Allure Gold had engaged in resale price maintenance by sending an email to retailers directing them not to sell products below a certain price. The undertaking includes provision of refund to customers or consumers who feel they have been misled as to composition. View press release.]]> Fri, 21 Jan 2011 16:18:55 +1100 5AFF709F-8955-4810-A79F-0FDBC2655E5F http://www.accc.gov.au/content/index.phtml/itemId/969064 released an issues paper - submissions due 4 March 2011. View press release.]]> Thu, 20 Jan 2011 16:18:36 +1100 63E9B497-0214-42E7-9941-80034B65F98B http://australiancompetitionlaw.org/ I received my latest ATP Reporter update to discover it is being re-named the Australian Competition and Consumer Law Reporter. Fortunately the 'Australian Trade Practices Reports' series (ATPR) will retain its name. CCH notes that "With more than 35 years of trusted case reporting on all areas of trade practices, competition and consumer judicial law, CCH is dedicated to the practical importance of maintaining citation consistency and continuity'. Good call. The Reporter will also be restructured; most notably, competition and consumer law commentary will each form their own separate volumes. Thu, 20 Jan 2011 17:34:48 +1100 DA5058E5-68AA-4ACE-8235-64C2CA838ACA http://www.accc.gov.au/content/index.phtml/itemId/969053 proposed access undertaking. Submissions due 4 March. View press release.]]> Thu, 20 Jan 2011 17:30:58 +1100 5F45E501-8874-4F20-A9EE-33CFE34CB27F http://www.accc.gov.au/content/index.phtml/itemId/968959 draft determination proposing to grant authorisation (for five years) to TLSA to "collectively bargain with a range of suppliers on behalf of Telstra licenced shops." Submissions due by 4 February. View press release.]]> Thu, 20 Jan 2011 15:25:18 +1100 11B4D14A-CCA8-4580-82E9-1CC8BF3A2B14 http://www.accc.gov.au/content/index.phtml/itemId/968784 Statement of Issues relating to proposed acquisitions involving Wonderest Limited (trading as Sleepyhead) and Pacific Brands Limited (Pacific Brands)." Submissions due by 4 February. View press release.]]> Wed, 19 Jan 2011 17:24:43 +1100 AD020E92-624E-4DF3-9DCC-8E32F1D20B5C http://www.accc.gov.au/content/index.phtml/itemId/968774 Statement of Issues on the proposed acquisition by InvoCare Limited of Bledisloe Group Holdings Pty Ltd. "InvoCare is the largest provider of funeral services and the largest operator of private cemeteries and crematoria in Australia.  Bledisloe operates a funeral directing business in Australia and owns cemeteries and crematoria in Queensland. " Submissions due 4 February. View press release.]]> Wed, 19 Jan 2011 16:24:09 +1100 0A33682A-43A0-4B87-9F27-A20326394699 http://australiancompetitionlaw.org/ press release. View authorisation register.]]> Mon, 17 Jan 2011 14:23:45 +1100 09D1C890-CF64-4736-B4FE-F8748E4A97D2 http://australiancompetitionlaw.org/readingroom/2011durkin-pricesignalling.html item by Patrick Durkin on the reaction to the government's proposed price signalling laws. Submissions on the Competition and Consumer Amendment Bill (No.1) 2011 (Exposure Draft Bill) are due today.]]> Fri, 14 Jan 2011 10:14:20 +1100 7117F4DE-3B2A-412C-A809-B6E4DE8A832E http://australiancompetitionlaw.org/ here. The new Australian Consumer Law is contained in Schedule 2 which is in Volume 3 of the Act. At 1,454 pages (or 1,314 excluding notes) be prepared to kill a few trees if you want to print it ...]]> Wed, 05 Jan 2011 09:52:52 +1100 43AE5143-182C-4889-BD27-ACF17683F6B4 http://australiancompetitionlaw.org/ The name change of the Trade Practices Act 1974 to the Competition and Consumer Act 2010 has now taken effect. This does not alter the substance of the competition law provisions of the Act (there are, however, substantial changes to the consumer laws with the Australian Consumer Law now taking full effect). Sat, 01 Jan 2011 08:11:43 +1100 9EFF9E6D-1F7F-4C51-B905-A9A1983B711D http://www.accc.gov.au/content/index.phtml/itemId/962900 press release. View merger register.]]> Thu, 16 Dec 2010 16:55:30 +1100 EBB68BAC-0BC9-45CB-ABD7-4F305CE42F83 http://www.accc.gov.au/content/index.phtml/itemId/962593 press release. View authorisation register.]]> Thu, 16 Dec 2010 13:56:57 +1100 BA1BB288-8A16-4BA9-B5BB-CF938366B0F9 http://www.accc.gov.au/content/index.phtml/itemId/962581 press release. View authorisation register.]]> Thu, 16 Dec 2010 13:56:37 +1100 0CF8697A-ADEB-4691-BD2F-7E9B4BBA5927 http://www.accc.gov.au/content/index.phtml/itemId/962407/fromItemId/142 press release. View authorisation register.]]> Thu, 16 Dec 2010 10:07:45 +1100 D91E02B8-31E6-46F1-9617-4815776329BC http://www.accc.gov.au/content/index.phtml/itemId/962113 press release. View merger register.]]> Wed, 15 Dec 2010 17:55:18 +1100 6A644C04-04A4-457D-93BA-48A7BE48B8BC http://www.accc.gov.au/content/index.phtml/itemId/962278 View report.]]> Wed, 15 Dec 2010 16:01:55 +1100 AD8C73A4-B133-41DE-BF56-4AAB6246F072 http://www.thenewlawyer.com.au/article/Name-changes-and-fiddling-the-TPA-and-the-CCA/526543.aspx?utm_source=20101214&utm_medium=email&utm_campaign=newsletters# article in The New Lawyer by Michael Bradley, managing partner at Marque Lawyers, on some of the absurdities of the TPA/CCA.]]> Tue, 14 Dec 2010 19:39:10 +1100 48FF02DE-8E25-42B2-A930-44D1C0E8A1BC http://australiancompetitionlaw.org/cases/2010cabs.html s 47(6) and prohibited by s 47(1) by offering to supply and supplyint taxi operators taxi network services and the right to use taxi service licences on condition that taxi operators acquire electronic payment srevices from Cabcharge. His Honour's reasons for judgment are now available at AustLII.]]> Tue, 14 Dec 2010 22:05:43 +1100 E665A11C-AA8C-412F-850C-005C7D2B8F54 http://australiancompetitionlaw.org/news.html Cartel Project team has released its extensive survey report. The survey of the Australian public related to the government’s decision to criminalise cartel conduct. The website notes that the "results of this survey are likely to be relevant to anyone interested in anti-cartel law enforcement, but will be of particular significance to policymakers, enforcement agencies, prosecutors, defence lawyers, judges and scholars researching this field." The full report runs to 374 pages with appendices (208 without) and is a 7.5MB download, but well worth it - for those wanting a quick overview, a 5 page executive summary is available for download.]]> Tue, 14 Dec 2010 18:05:18 +1100 11A7742F-962C-4137-956A-99B882BAA28A http://www.australiancompetitionlaw.org/guidelines/2010smallbusinessbooklet.html booklet outlining competition and consumer law for small business.]]> Tue, 14 Dec 2010 17:59:47 +1100 1EE4773B-75DF-4BB5-89BF-6FA822C15123 http://australiancompetitionlaw.org/reports/2011pricesignal.html Competitive and Sustainable Banking System package', the Government has released an Exposure Draft Competition and Consumer Amendment Bill (No.1) 2011. Submissions are invited and are due on 14 January 2011.]]> Sun, 12 Dec 2010 12:22:41 +1100 861D32BE-DA1A-4987-8573-6ED086AA5289 http://australiancompetitionlaw.org/news.html press release. View the 'Competitive and Sustainable Banking System package'.]]> Sun, 12 Dec 2010 11:51:26 +1100 4607B5F6-AB88-477A-9785-346D1BB62578 http://competitionlaw.wordpress.com/2010/12/11/bank-competition/ View transcript. View my blog post.]]> Sat, 11 Dec 2010 20:02:57 +1100 75385E27-2F4F-44F2-8B2E-188182DAB11A http://australiancompetitionlaw.org/reports/2004criminal.html Working Party Report on Criminal Penalties for Cartel Behaviour is now publicly available for the first time. With the permission of the Commonwealth, the Report has been posted on Brent Fisse's web site. A link to the report and some further information is also available on my working party report page.]]> Fri, 10 Dec 2010 12:51:21 +1100 FEB0288B-C4EB-4EB2-9563-51501BD515C6 http://australiancompetitionlaw.org/news.html ACCC in bid to block purchase of Franklins' (The Australian, 9 December 2010) and Sikonathi Mantshantsha, 'Australia starts process to Stop Sale by Pick n Pay' (Bloomberg, 9 December 2010).]]> Thu, 09 Dec 2010 11:43:44 +1100 2FD9F1FA-A443-4AB2-A8A2-50544FA4B718 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 09 Dec 2010 10:50:46 +1100 EBC0F510-119F-4EF9-A9E5-D460B927FA0A http://australiancompetitionlaw.org/news.html press release. View notification.]]> Mon, 06 Dec 2010 12:50:17 +1100 2ED7F928-2A8C-4A90-BBAD-A42F312E4DDC http://www.accc.gov.au/content/index.phtml/itemId/959644 press release. View authorisation register.]]> Fri, 03 Dec 2010 16:39:22 +1100 21D5AC7F-33A9-4884-9F2D-29310BD89EB3 http://www.accc.gov.au/content/index.phtml/itemId/959481 press release. View authorisation register.]]> Thu, 02 Dec 2010 21:58:58 +1100 2E0721B6-35B2-4ACE-AF55-F84D82C59829 http://www.accc.gov.au/content/index.phtml/itemId/959495 press release. View statement of issues.]]> Thu, 02 Dec 2010 19:58:16 +1100 B5C9D704-F9C2-4930-9141-CDF2CCCC5568 http://www.accc.gov.au/content/index.phtml/itemId/959453 press release. View statement of issues.]]> Thu, 02 Dec 2010 18:57:40 +1100 A1164093-219C-481F-94F7-673DA35B6D47 http://australiancompetitionlaw.org/news.html View judgment.]]> Tue, 30 Nov 2010 20:44:29 +1100 C9EF3F03-38F6-4AEB-887A-EA6458394D20 http://australiancompetitionlaw.org/news.html Metcash, ACCC truce' (SMH, 27/11/2010). See also Blair Speedy, 'ACCC threat pushes Metcash to delay Franklins bid' (The Australian, 27/11/2010).]]> Sat, 27 Nov 2010 08:47:12 +1100 3C583149-40E5-4085-967A-F7245E87D350 http://australiancompetitionlaw.org/news.html Trade Practices Law Journal is now available. It includes a neat article by Melbourne Barrister, Cam Truong, on 'Transnational commerce and the problem of market definition'. The author usefully examines the limitations of the market definition in s 4E of the Act and the difficulties it gives rise to in pleadings. He refers to a number of recent decisions (particularly Auskay v Qantas Airways) that have considered the issue in a 'global' context and identifies.]]> Fri, 26 Nov 2010 14:06:40 +1100 A9ECA372-C7D1-4AF2-A6FB-02E41C6767F8 http://australiancompetitionlaw.org/readingroom/2010samuel-costello.html now available online.]]> Fri, 26 Nov 2010 14:06:01 +1100 45B9F698-CA11-446D-910B-C1060869CABF http://www.theaustralian.com.au/news/opinion/aussie-public-policy-dodgy-dodgy-dodgy/story-e6frg6zo-1225961147395 Henry Ergas has a fun little op-ed in the Australian today, highlighting his nominations for the 2010 'Dodgie' awards 'for
confused economics in the service of poor public policy' with several competition-related nominations.]]> Fri, 26 Nov 2010 14:05:23 +1100 DD34EDD6-6E70-47CA-8CB9-60342CCF21D9 http://www.aph.gov.au/senate/committee/economics_ctte/ACCC_Franklins_2010/index.htm The Metcash Senate Inquiry web page is now available. Labelled, the 'Inquiry into the Australian Competition and Consumer Commission (ACCC) Franklins decision' (yes, it avoids mention of 'Metcash'), it sets out the following terms of reference:

"On 23 November 2010 the Senate referred to this committee for investigation the decision of the Australian Competition and Consumer Commission (ACCC) to oppose the proposed acquisition of the Franklins supermarket business by Metcash Trading Limited, with particular reference to: (a) the basis of the ACCC decision to oppose the proposed purchase; (b) the competition impacts of the decision at the retail and wholesale levels; (c) whether the Franklins’ distribution warehouses, supplying eight franchised stores, could be regarded as an independently sustainable wholesale business; and (d) any other related matters."

Submissions are invited and are due by 29 November 2010 (presumably anyone who already submitted to the ACCC's more appropriate competition inquiry into the proposed merger could re-submit here if they so desired). The report date is 17 December. Clearly a group of non-competition/economics expert Senators can come up with a well considered report on complex economic/competition issues in much less time than it took the experts at the ACCC. Let's not all hold our breath.

]]> Thu, 25 Nov 2010 10:21:13 +1100 41696438-1B09-469F-A1D6-15801A55DB3F http://australiancompetitionlaw.org/news.html NBN business case summary. The summary is discussed in an op-ed by CEDA's Michael Porter in today's AFR (Michael Porter, 'CompetitionBites the Dust' (AFR, 25/11/2010, p 67)) in which he criticises the anti-competitive featrures of the NBN plan as worse than expected. See also John Durie's 'Share the blame on NBN impasse' (The Australian, 25/11/2010) (observing that: 'It's hard not to be cynical and indeed disturbed about the state of national politics right now with independents doing deals that amount to zero and the likes of Nationals senator Ron Boswell setting himself up as an independent arbiter of competition law decisions.) and Terry McCrann, 'Broadband fairytale NBN's latest chapter' (Herald-Sun, 25/11/2010) and Malcolm Maiden, 'NBN Co looks ahead - but not that far - to lay out the network's numbers' (SMH, 25/11/2010), amongst plenty of others. ]]> Thu, 25 Nov 2010 10:15:37 +1100 F5BF4999-B71F-4CD4-925F-061BF5871632 http://australiancompetitionlaw.org/news.html Senate Hansard, 23/11/2010 at p 37). Senator Bosewell received $30,000 in election donations from Metcash, but has denied it influenced his decision, stating: 'Any inference that a campaign donation might influence my role as a senator is wrong' (see Steve Lewis and Michael Madigan, 'Senator Ron Boswell lobbies for company that donated to his election campaign', The Courier Mail, 25/11/2010). Regardless of the motivation, the referral is worrying - as Elizabeth Knight has rightly observed (SMH, 24/11/2010), 'It is not up to Boswell or any party to undermine the decision of any independent regulator. This is a poor precedent. ... the Federal Court will be the appropriate and impartial arbiter of any appeal under trade practices law'.]]> Thu, 25 Nov 2010 08:43:14 +1100 2F47331D-34F8-4AEF-B692-5BA16B02F6B6 http://australiancompetitionlaw.org/news.html ACCC's announcement that it would oppose Metcash's takeover of Franklins, Metcash has announced it will defy the regulator and proceed with the transaction. This is the first such challenge since the Toll Holdings showdown in 2006 (which was resolved with undertakings) and AGL, which was successful in its Federal Court challenge (see AGL case). Watch this space. See Supratim Adhikari, 'Metcash mettle' (Business Spectator, 24/11/2010), Rebecaa Urban, 'Metcash ready to take on th watchdog ACCC' (The Australian, 24/11/2010) and John Durie, 'Metcash chief Andrew Reitzer defies ACCC ruling on Franklins' (The Australian, 24/11/2010). See also Sue Mitchell, 'Metcash to defy ACCC over Franklins' (AFR, 24/11/2020, p 50) ]]> Wed, 24 Nov 2010 10:47:25 +1100 8C48DFAB-A667-473B-AFBE-92899600C3E2 http://www.accc.gov.au/content/index.phtml/itemId/957966 Position Paper released today. View press release.]]> Tue, 23 Nov 2010 20:42:29 +1100 B1D32DD4-ED99-4DD1-8A60-2B84F41717ED http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2010/006.htm&pageID=003&min=djb&Year=&DocType Dr Jill Walker will join the NZCC as an associate member. NZCC Chair, Dr Mark Berry, has been appointed an associate member of the ACCC. Each have been appointed for a three year term from 1 December 2010 - 30 November 2013. View media release.]]> Tue, 23 Nov 2010 12:10:36 +1100 164F0411-D772-4610-AC8D-BB8FAF4A43DC http://www.accc.gov.au/content/index.phtml/itemId/957738 press release. View authorisation register (including draft determination).]]> Mon, 22 Nov 2010 22:54:32 +1100 8A514CF6-2899-48A1-BB03-70F9CB95D746 http://australiancompetitionlaw.org/legislation/2010pricesignalling.html Competition and Consumer (Price Signalling) Amendment Bill 2010 at 10.26am. An explanatory memorandum was presented and statement made - Bill was read for a first time at 10.37am. View the bill. View the explanatory memorandum. View bill homepage.]]> Mon, 22 Nov 2010 10:43:02 +1100 83B71229-1B64-4D69-94AD-C95E1A8B7665 http://australiancompetitionlaw.org/news.html Opposition Moves on Price Signalling (SMH, 22/11/2010), Glenda Korporaal, Bank 'reform' dangerous: Munchenberg (The Australian, 22/11/2010), AAP, 'Opposition bill 'thought bubble' (Herald Sun 22/11/2010) and plenty more. More to follow when bill released. According to today's House Program, the Competition and Consumer (Price Signalling) Amendment Bill 2010 will be presented by Mr Billson (Dunkley) (probably around 10.30am) accompanied by a statement (10 minutes allowed). A second reading to be made an order of the day for the next sitting.]]> Mon, 22 Nov 2010 09:38:19 +1100 1DA98AD8-286C-4724-A2CF-F671A00212FE http://www.treasurer.gov.au/DisplayDocs.aspx?doc=transcripts/2010/123.htm&pageID=004&min=wms&Year=&DocType= Treasurer Wayne Swan discussed price signalling laws with Laurie Oakes today. The discussion was prompted by the fact that the Opposition will tomorrow move its price signalling bill. Swan responded:

'I haven't seen this bill as yet, but when it comes to pricing signalling I've been working with our regulator, the ACCC, on this issue for over six months. It's a complex area and it's a difficult area, and what it requires is detailed assessment, drafting of legislation and accuracy. So, you can't just have a thought bubble and read the paper and see that Government has been talking to the ACCC about price signalling and produce a bill. Any bill in this area has to be based on the very firm and accurate advice of a regulator. I've not seen it, but what I do know is that there would have to be a thorough assessment of the drafting of this bill before I could even consider what we might do with it because the Government, in this area, is developing a new wave of competition reforms of which price signalling is part, and you can only do this in a methodical, well considered way, and that hasn't been happening with what the Opposition's been doing. Crass populism doesn't work in this area.'

References were also made to the Government's proposed reforms, but they were light on detail. View transcript.

]]> Sun, 21 Nov 2010 21:06:19 +1100 A81F67A6-A832-49DF-8F91-F38C5237D011 http://australiancompetitionlaw.org/cases/cabcharge2010.html The decision of the Justice Finkelstein in the Federal Court relating to the Cabcharge misuse of market power conduct (see news 24 September) has now been published. Wed, 17 Nov 2010 18:31:20 +1100 7F2FDF41-DA13-47D0-B8FD-459E3CC0F690 http://www.accc.gov.au/content/index.phtml/itemId/956978 press release. View merger register.]]> Wed, 17 Nov 2010 23:16:41 +1100 3C30E6F6-4661-4239-8E53-660DF21CEFFF http://australiancompetitionlaw.org/news.html Economy could become roadkill in new rush to regulation) and there are several items in today Australian Financial Review (Swan pressured on bank reforms', pp 1 and 4; Laura Tingle, 'Little room on the left for Labor', p 5).]]> Mon, 15 Nov 2010 11:43:42 +1100 F47D1E86-5D84-4E5F-A390-26DED50DB5D3 http://www.accc.gov.au/content/index.phtml/itemId/955812 press release. View authorisation register.]]> Thu, 11 Nov 2010 17:40:37 +1100 0CCF364F-BE52-44F4-B8C6-E2A05C9C5D89 http://australiancompetitionlaw.org/news.html The Australian Financial Review reports today on the ACCC's investigation of the Singapore Exchange's bid for ASX. See George Liondis, 'ACCC rethinks Singapore bid for ASX' (AFR, 11/11/10, page 5) Thu, 11 Nov 2010 17:40:15 +1100 6D5C6096-261A-4590-8265-2BB508365B66 http://australiancompetitionlaw.org/news.html The Australian Financial Review reported today on proposed new rules to allow the ACCC to use its coercive powers under s 155 whenever it suspects price signalling has occurred (rather than waiting until it suspects competitors have agreed to collude). The proposal does not appear to be restricted to any particular industry. It is not clear what impact this will have in isolation - the current law still requires collusion before contravention occurs - but the proposed new price signalling powers would be just one part of a package of reforms. See Matthew Drummond, 'Bank, petrol chiefs face ACCC grilling' (AFR, 9/11/2010, pages 1 and 48) (not freely available online) Tue, 09 Nov 2010 12:06:30 +1100 49AAD50D-B658-47A4-A047-47D9AFF49A04 http://www.accc.gov.au/content/index.phtml/itemId/955361 press release. View report.]]> Mon, 08 Nov 2010 21:11:30 +1100 11E574F1-313D-43D2-A264-41B873F9A14A http://competitionlaw.wordpress.com/2010/11/07/banking-competition/ economic note released today, Treasurer Wayne Swan stated that the Government is in the process of developing a 'new banking competition package', one part of which involves 'working closely with the ACCC to carefully and methodically design new laws to prevent price signalling'. This is not really news, but he does also indicate that more will be announced shortly on this issue. View my blog post on this issue.]]> Sun, 07 Nov 2010 13:55:08 +1100 B354D1EB-31F3-44E9-A96D-171766D0CF49 http://www.oft.gov.uk/news-and-updates/press/2010/114-10 press release. View review home page. View report.]]> Fri, 05 Nov 2010 11:40:29 +1100 231BA837-D0CD-4444-B7CF-E0B52A2570DC http://australiancompetitionlaw.org/news.html Bank mania abandons market faith' (SMH, 5/11/2010), Simon Benson, 'Bank bosses could face heavy penalties if collusion on rates proved' (News.com.au, 5/11/2010) (suggesting a private member's bill from Mr Hockey will appear within three weeks) and Siobhain Ryan and Joe Kelly, 'The Coalition steals a march on banking reform' (The Australian, 5/11/2010).]]> Fri, 05 Nov 2010 10:26:45 +1100 B2C6D10E-6901-4A49-9597-9D358DEC6C85 http://www.accc.gov.au/content/index.phtml/itemId/954784 ACCC press release.]]> Thu, 04 Nov 2010 22:07:29 +1100 909198C3-93E3-4D2B-B48E-CB06408F6FAA http://www.accc.gov.au/content/index.phtml/itemId/954565 press release. View authorisation register.]]> Wed, 03 Nov 2010 17:55:00 +1100 756F057E-3545-4766-A7ED-F3F109F87D0B http://australiancompetitionlaw.org/news.html The Financial Review reports (pages 1 and 8) that the ACCC has asked the Treasury to draft a new law to prohibit price signalling. Tue, 02 Nov 2010 12:11:33 +1100 059CFE70-3210-4123-9E6C-06D0DB9B1614 http://www.smh.com.au/business/hockey-steps-up-fight-with-big-banks-20101029-177m0.html Hockey steps up fight with big banks' (SMH, 30/10/2010)]]> Sun, 31 Oct 2010 16:08:48 +1100 01A31AAB-EA3E-452C-9F19-92752376BD2B http://www.accc.gov.au/content/index.phtml/itemId/953971 Annual Report.]]> Fri, 29 Oct 2010 17:03:09 +1100 208549E2-2DBB-40A8-8909-33B2A98F8CF6 http://www.aph.gov.au/senate/committee/economics_ctte/banking_comp_2010/index.htm Inquiry home page.]]> Fri, 29 Oct 2010 08:54:32 +1100 DE5EC9E9-2187-4FC7-95AE-22FC7A111E91 http://www.accc.gov.au/content/index.phtml/itemId/953818 press release. See authorisation register.]]> Thu, 28 Oct 2010 21:10:54 +1100 D07D3879-0602-47EA-973C-BAF07947E595 http://australiancompetitionlaw.org/news.html Senate Hansard (pages 14-15). See also 'Senate to hold banking inquiry' (Business Spectator, 28/10/10). See also 'Bank Battle Heats Up' (SMH, 28/10/10)]]> Thu, 28 Oct 2010 11:55:43 +1100 B156EA3D-3AE0-4617-8745-36FCE4D190EC http://australiancompetitionlaw.org/news.html Liberals, Xenophon drive towards new Senate banking Inquiry' (Banking Day, 28/10/10) and 'Withdraw guarantee for big banks: Hockey' (Business Spectator, 28/10/10)]]> Thu, 28 Oct 2010 09:32:50 +1100 BFB09EF7-EC38-4B9D-8713-B9F9AE436874 http://www.accc.gov.au/content/index.phtml/itemId/953650 press release. View authorisation register.]]> Wed, 27 Oct 2010 10:32:27 +1100 00E176AB-2C6E-4308-B87E-F6F66562D052 http://www.accc.gov.au/content/index.phtml/itemId/953576 Statement of Issues on the proposed acquisition of Sigma Pharmaceuticals' Pharmaceutical Division by Aspen Pharmacare Holdings. Submissions are invited and due by 11 November 2010. Final decision due 25 November. View press release. View merger register.]]> Wed, 27 Oct 2010 09:24:06 +1100 714AB2C2-7E28-482D-AD2B-038DEF22BC04 http://www.abc.net.au/rn/breakfast/stories/2010/3046947.htm Listen to the interview or read the transcript here.]]> Mon, 25 Oct 2010 09:23:55 +1100 A5042C70-C840-40FB-BC32-A9416B7D3D51 http://www.smh.com.au/business/villain-or-consumer-champion-20101022-16xti.html Villain or consumer champion?' appearing in the SMH today.]]> Sat, 23 Oct 2010 10:42:49 +1100 6A5944B1-3078-49B2-9F7F-DFAF143DD4AC http://www.ibtimes.com/articles/74596/20101021/accc-investigates-packer-s-investment-in-ten.htm The ACCC has indicated it will examine James Packer's investment in the TenNetwork to see if it raises competition concerns. Key concern surrounds fears Packer may axe One HD (Ten's digital sports channel).

See, eg, Tim Dick, 'ACCC to probe Packer's Ten raid' (The Age, 22/10/2010), 'ACCC to investigate Ten share raid' (Finance News Network, 22/10/2010) and Christine Jared-Perrin, 'ACCC Investigates Packer's investment in Ten' (International Business Times, 21/10/2010)

]]> Fri, 22 Oct 2010 12:32:59 +1100 092391C0-EBF3-4D67-85A3-2EBD11D22645 http://icncartel2010.stage.ac/materials.html View materials here.]]> Fri, 22 Oct 2010 10:48:57 +1100 CCA32EC2-1DFE-4BF2-9631-59A665B726E7 http://australiancompetitionlaw.org/news.html Samuel faces questions on Direct Factory Outlet decisions, 21/10/2010). Samuel told the committee he acted promptly in removing himself from involvement in the merger review once a potentialc onflict of interest was identified (see, g, RIchard Gluyas, 'I acted promptly, Samuel tells Senate estimates', 22/10/2010). See also Clancy Yeates, 'Samuel defends his use of 'blind trust'', 22/10/2010.]]> Fri, 22 Oct 2010 10:22:54 +1100 B85F1AFF-ACCE-4A16-9FD1-04345F6173B2 http://www.accc.gov.au/content/index.phtml/itemId/952800 statement of issues in respect of the proposed acquisition of Centrel Pty Ltd by BP Australia Pty Ltd. Submissions invited and due by 5 November; final decision of ACCC deferred until 18 November 2010. View press release. View merger register.]]> Thu, 21 Oct 2010 17:31:33 +1100 CC1682C1-9661-477B-A46F-38F739891DE7 http://www.accc.gov.au/content/index.phtml/itemId/952797 discussion paper on the number and location of initial Points of Interconnection (POI) for the National Broadband Network that will best meet the long-term interests of end users. A consultation period will follow - submissions due by 8 November. View press release. View discussion paper.]]> Thu, 21 Oct 2010 17:20:56 +1100 717B2CCE-9D40-4927-B0D5-6BBA7A57177F http://australiancompetitionlaw.org/news.html already angered Senator Conroy. View Henry Ergas, 'Shield protects NBN from competition']]> Thu, 21 Oct 2010 11:48:42 +1100 30A2DC55-5E03-4DD5-8E1F-5E1D5ACF0F3A http://australiancompetitionlaw.org/news.html The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 was introduced into the House of Representatives today. According to the explanatory memorandum, the bill has three primary parts: "addressing Telstra’s vertical and horizontal integration; streamlining the access and anti-competitive conduct regimes; and strengthening consumer safeguard measures such as the Universal Service Obligation (USO), the Customer Service Guarantee (CSG) and priority assistance." This will involve, amongst other things, amendments to Parts XIB and XIC of the TPA (soon to be renamed the Competition and Consumer Act 2010). View bill.

There is plenty of media on this - for example, see Clancy Yeates, Labor launches fresh broadband bill push (The Age 21/10/2010), Lucy Battersby, 'ACCC weighs regulating broadband' (The Age, 21/10/2010) and 'Telsta calls for a quick break-up' (SMH, 21/10/2010)

]]> Wed, 20 Oct 2010 18:48:01 +1100 131D6ABC-5BBB-43D9-A25F-49658C549299 http://australiancompetitionlaw.org/news.html press release. View meger register.]]> Wed, 20 Oct 2010 17:47:37 +1100 72EDC2DE-80D9-4AEC-843E-B0CFF60F2D19 http://australiancompetitionlaw.org/news.html ACCC press release. View undertakings register.]]> Wed, 20 Oct 2010 16:47:07 +1100 220EE5E9-53A2-43EA-A985-CFEC31612A69 http://australiancompetitionlaw.org/news.html uniform price will be applied to the NBN, it's worth revisiting the 2007 article by Michal Gal and Inbal Faibish, 'Six Principles for Limiting Government-Facilitated Restraints on Competition', which has recently been made available on SSRN.

The authors note, relevantly, that 'regulation may also address distributional issues or other broad social goals. For example, where competition will not ensure universal service, and such service is considered to be in the public interest, regulatory intervention may be warranted. Regulation thus often enables the reconciliation of efficiency and equity considerations.' (footnote omitted).

In assessing whether the regulation is warranted in any given case, six principles are then proposed - the first is that the competition authority should play an important role in ensuring the legislator 'is aware of all relevant competitive considerations when if formulates the regulatory scheme.'

View the full article here. ]]> Wed, 20 Oct 2010 14:46:27 +1100 1551A28F-0AE5-440E-85F6-69130E7ABA49 http://australiancompetitionlaw.org/news.html European Commission, the ACCC, the Japan FTC, Korea FTC and, recently, the German Federal Cartel Office. View statement by BHP Billison. View reports in the Financial Times, Reuters, Wall Street Journal, ABC Lateline and the Australian. ]]> Tue, 19 Oct 2010 10:29:17 +1100 B7BAAB12-89E4-49CD-B154-6189CDC5B4A1 http://australiancompetitionlaw.org/news.html View blog.]]> Sat, 16 Oct 2010 09:28:41 +1100 49CEDD45-AA0D-4151-AD17-B3801F11A6E2 http://australiancompetitionlaw.org/news.html press release. View statement of Vince Cable, Secretary of State for the Department for Business, Innovation and Skills.]]> Thu, 14 Oct 2010 21:57:57 +1100 158CB460-9E49-4721-8118-6695863A92E6 http://australiancompetitionlaw.org/news.html view speech). James Massola, on the other hand, has an article in today's Australian noting claims by Optus that the NBN is financially viable (but with not real focus on potential competition issues) (view article). Economist, Prof Joshua Gans, provides his own thoughts on the issue here, including relevant competition issues.]]> Wed, 13 Oct 2010 14:12:26 +1100 E1F7894A-4FC8-4743-A9C4-89980F4B64F9 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 07 Oct 2010 21:51:21 +1100 1310D0E8-4C06-4B55-BD25-B5EAE09A6834 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 07 Oct 2010 17:19:23 +1100 ABE3BC20-9830-4976-BF78-C7430204F7ED http://australiancompetitionlaw.org/news.html Thu, 07 Oct 2010 16:18:39 +1100 50D99A33-3595-4FA1-8FCD-423320EFA26D http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 06 Oct 2010 20:51:02 +1100 7CEE2F69-EA75-4AC9-8DE4-D29FDAD3185D http://australiancompetitionlaw.org/news.html View transcript.]]> Tue, 05 Oct 2010 12:17:31 +1100 8802D97E-0B23-4A67-86B3-66C2A334D544 http://australiancompetitionlaw.org/news.html blog piece.]]> Sat, 02 Oct 2010 09:43:28 +1100 98E45A1F-C63E-4E87-918C-6C765194139B http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Fri, 01 Oct 2010 09:43:04 +1100 9CA0DAD2-79F5-4521-A267-144D7509603B http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Fri, 01 Oct 2010 09:41:45 +1100 8E6B2AF4-09C4-44CA-8073-1EF854F99D59 http://australiancompetitionlaw.org/news.html press release, 'ACCC chief busts merger myths'. View full speech. See also article by Angus Whiteley and Jo Schneider in Bloomberg: 'Merger "Myths" Leave Top Australian Watchdog Graeme Samuel Bewildered', which quote Samuel refering to claims (by some) that recent bank mergers have diminished competition as 'superficial nonsense' which beggar belief.]]> Thu, 30 Sep 2010 00:12:52 +1000 89E8A566-4524-466C-80DE-239855B1FC47 http://australiancompetitionlaw.org/news.html press release. View merger register.]]> Thu, 30 Sep 2010 11:12:23 +1000 7B5F5EA3-0188-4866-800A-BBB959856C07 http://australiancompetitionlaw.org/news.html press release. View draft determination.]]> Thu, 30 Sep 2010 10:11:53 +1000 CE1F6A80-0909-41A3-B2DA-D49CB3124DC7 http://australiancompetitionlaw.org/news.html ACCC press release. View Undertaking.]]> Tue, 28 Sep 2010 17:20:58 +1000 1534C956-4DF1-46D1-9395-219BA2FE43DA http://australiancompetitionlaw.org/news.html press release.]]> Fri, 24 Sep 2010 09:52:07 +1000 4551A6F8-90B1-4A4F-B83C-D0018E48FB32 http://australiancompetitionlaw.org/news.html interim authorisation in relation to a joint pricing and scheduling services cooperation agreement between VIrgin Blue and Etihad. ACCC Chairman, Graeme Samuel, noted that the ACCC had ' taken into account the fact that Virgin Blue and Etihad currently do not operate any competing services, as well as the lead time required to market and sell tickets before the commencement of long-haul services' (which was not the case in respect of the recently denied authorisation for a proposed alliance between Virgin Blue and Air New Zealand). View press release.]]> Thu, 23 Sep 2010 16:43:27 +1000 C1285ED1-B8B7-4903-838B-304666DEA868 http://australiancompetitionlaw.org/news.html re-authorised - for 10 years - collective negotiations by Premium Milk on behalf of its dairy farmer members with Parmalat. View press release.]]> Wed, 22 Sep 2010 09:43:15 +1000 0BD5A4F3-5983-4F1E-A94B-E2A1BC3E9951 http://australiancompetitionlaw.org/news.html statement of issues on this proposed acquisition. Submissions are due by 15 October; the ACCC's decision will be released by 11 November 2010. View press release.]]> Wed, 22 Sep 2010 09:42:42 +1000 932B419A-A5E2-4989-AE60-87687982FDD7 http://australiancompetitionlaw.org/news.html press release.]]> Fri, 17 Sep 2010 14:49:43 +1000 62698003-7610-47DA-9367-95AE0F66C263 http://australiancompetitionlaw.org/news.html press release and draft report. Submissions on the draft report are due by 22 October.]]> Fri, 17 Sep 2010 14:47:56 +1000 51FB5B4C-34B5-4B19-A3C2-8C9E077984D1 http://australiancompetitionlaw.org/news.html press release (PDF). View guidelines (PDF).]]> Thu, 16 Sep 2010 10:16:32 +1000 3C3B87CC-A7B9-4B54-8F11-C30A0EE4D5FF http://australiancompetitionlaw.org/news.html press release and undertaking.]]> Thu, 16 Sep 2010 14:45:04 +1000 369B1522-BF06-4042-8CB6-235F57A895DF http://australiancompetitionlaw.org/news.html press release. View authorisation.]]> Mon, 13 Sep 2010 14:37:31 +1000 FB8559D7-A8C6-4B55-8CB5-5F3839497C5C http://australiancompetitionlaw.org/news.html ACCC Press Release. View undertaking.]]> Mon, 13 Sep 2010 14:36:53 +1000 B6C57A77-A5F4-457F-80BD-7586231E213F http://australiancompetitionlaw.org/news.html Age piece on the removal of a specialist minister. The Shadow Minister for Small Business, Competition Policy and Consumer Affairs remains Bruce Billson MP.]]> Sat, 11 Sep 2010 15:01:49 +1000 BB341892-B55B-412A-9A45-688928AEA55D http://australiancompetitionlaw.org/news.html ACCC Press Release. View news item.]]> Fri, 10 Sep 2010 14:38:03 +1000 37A9B62F-A84E-45C1-9185-CB38ECC5F87C http://australiancompetitionlaw.org/news.html press release.]]> Thu, 09 Sep 2010 14:38:44 +1000 1B7C2F7D-03CD-4EF2-92E5-FDFECF496E90 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 02 Sep 2010 10:03:11 +1000 A670DA6C-A98D-4576-AE66-1DADA08AA641 http://australiancompetitionlaw.org/news.html Press Release.]]> Wed, 01 Sep 2010 09:13:43 +1000 706C4C05-4255-4E9F-88B6-9F9186EF5C37 http://australiancompetitionlaw.org/news.html ACCC Press Release.]]> Tue, 31 Aug 2010 23:08:46 +1000 40C7921E-C89F-4E84-9913-B9D210B6690D http://australiancompetitionlaw.org/news.html brief report by John Durie in the Australian. See also article by James Eyers, 'Keane's Lament for Cases Lost' in Friday's Australian Financial Review (page 39) in which Justice Keane is quoted as saying: 'It may be that the decision in QWI should now be seen as a relic of times when legal and legal/economic theories derived from US jurisprudence exercised undue sway over the thinking of members of the High Court'..]]> Tue, 31 Aug 2010 14:24:36 +1000 57019B29-4164-4BC7-AAA0-7E5BDA2F400D http://www.austlii.edu.au/au/cases/cth/FCA/2010/919.html The matter was stood over until 30 August to consider proposed orders. View decision.]]> Wed, 25 Aug 2010 17:21:23 +1000 ED530519-E427-4A45-96FC-88F1E1E6A106 http://www.uokik.gov.pl/publications.php#faq1002 announced the release of a book - 'Changes in Competition Policy Over the Last Two Decades'. The book (which is just shy of 600 pages long) is freely available for download on the Agency's website and was released as the 'jubilee publication' celebrating the 20th Anniverry of the establishment of the UOKiK. It features a number of papers by authors from various jurisdictions divided into four broad areas: Competition-Restricting Practices, Merger Control, State Aid Reform and Competition Policy Challenges.]]> Sun, 29 Aug 2010 15:43:20 +1000 4B8D80FC-638D-4310-AA2D-87E9B10109A7 http://australiancompetitionlaw.org/news.html here. The provide an uptate on trade practices issues with particular focus on cartel conduct. A paper by ACCC Commissioner, Dr Jill Walker is also available: 'The meaning of understanding: when does communication become collusion?']]> Wed, 25 Aug 2010 16:16:56 +1000 2D359B20-F6A2-46DF-8C03-8273823B11C6 http://australiancompetitionlaw.org/news.html press release. View draft determination.]]> Fri, 20 Aug 2010 16:24:03 +1000 1DFA9028-32F7-47F8-8288-4E9251311B9A http://australiancompetitionlaw.org/news.html draft revised guideline in April this year. View press release. View Guidelines.]]> Fri, 20 Aug 2010 09:31:13 +1000 457E0995-BC51-4D53-B71C-F0E38FBDA30B http://australiancompetitionlaw.org/news.html Press Release. View notification register.]]> Thu, 19 Aug 2010 16:36:32 +1000 682C69B0-A233-4DAA-A7E8-59378EEBB022 http://australiancompetitionlaw.org/news.html Press Release. View Authorisation Register.]]> Wed, 18 Aug 2010 09:23:35 +1000 A1628631-EDB0-44C1-A0CA-18636CFBC5D7 http://australiancompetitionlaw.org/news.html press release. View mergers register; the closing date for public submissions on the proposed merger is 23 August 2010.]]> Wed, 18 Aug 2010 09:22:44 +1000 A1D2E0EA-80DE-483E-ADC5-409DC2CB333E http://australiancompetitionlaw.org/news.html blog post.]]> Mon, 16 Aug 2010 08:32:58 +1000 214C0901-3B1F-400B-8153-50446D40BC70 http://www.australiancompetitionlaw.org/news.html blog post.]]> Fri, 13 Aug 2010 16:47:19 +1000 79C241FF-15BF-4EF3-9A48-F45154FA7902 http://www.australiancompetitionlaw.org/news.html first annual Baxt Lecture in Competition Law (co-sponsored by the ANZSOG). The lecture was presented by Professor William Kovacic, former Chairman of the US FTC, on the topic 'Competition Authorities for the 21st Century'. The lecture will serve as the flagship event for the new Competition Law & Economics Network. See my related blog post.]]> Fri, 13 Aug 2010 16:46:37 +1000 C079C62C-EA66-4BA8-AD4D-97D1B68D5762 http://australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Thu, 12 Aug 2010 09:22:18 +1000 D02BE011-CA8B-4E68-85C9-3FA32AC974FE http://www.australiancompetitionlaw.org/news.html ACCC press release.]]> Mon, 09 Aug 2010 11:40:15 +1000 DDE8E6EB-110A-4C63-8591-1AD9366981A7 http://www.australiancompetitionlaw.org/news.html press release. View authorisation register for draft determination.]]> Fri, 30 Jul 2010 14:12:31 +1000 36360915-3A22-45A5-9D2D-57B318A34027 http://www.australiancompetitionlaw.org/news.html press release. View mergers register.]]> Thu, 29 Jul 2010 14:09:27 +1000 A4E95C73-8EB6-48F2-A2E5-FCF115B62425 http://www.australiancompetitionlaw.org/news.html Federal Court decision. View ACCC press release. See also news articles, including 'Telstra fined $19m for blocking wholesale rivals' (Bingemann, The Australian), 'Telstra to be focused, for the first time' (Maiden, SMH), 'Telstra up to its old tricks again' (Durie, The Australian), 'Telstra fine for breaching competition laws has lessons for all' (Clayton Utz) and 'Telstra fined $18.5m for anti-competitive behaviour' (Donovan, ABC). ]]> Wed, 28 Jul 2010 11:59:17 +1000 05BC400E-E5F4-48EC-A99A-D5E4D3F09EAE http://www.australiancompetitionlaw.org/news.html press release. View authorisation register.]]> Wed, 28 Jul 2010 08:58:38 +1000 C5029398-F7D3-49FB-B377-4C5F6757ABCB http://www.australiancompetitionlaw.org/news.html press release. View Merger Register.]]> Thu, 22 Jul 2010 08:58:05 +1000 9123DF06-13DA-499A-B903-A6B80CFA30AF http://australiancompetitionlaw.org/news.html press release.]]> Mon, 19 Jul 2010 16:39:39 +1000 6EC21554-275C-46BC-807E-8F7EB77D6A38 http://australiancompetitionlaw.org/news.html View case.]]> Tue, 13 Jul 2010 16:38:56 +1000 90A4DD1F-BD1B-4C60-B930-1034A401104E http://australiancompetitionlaw.org/news.html Trade Practices Amendment (Infrastructure Access) Act 2010 was assented to on 13 July, making changes to administrative aspects of the regime.]]> Tue, 13 Jul 2010 09:57:49 +1000 87979723-13EB-4C39-8506-ED2D202CB949 http://australiancompetitionlaw.org/news.html Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 was assented to on 13 July with the result that the TPA will be renamed the Competition and Consumer Act 2010 from 1 January 2011.]]> Tue, 13 Jul 2010 10:28:50 +1000 E0D9899A-F6F3-485A-9EB6-C2FE1EB750E0 http://australiancompetitionlaw.org/news.html press release. View Authorisation Register.]]> Thu, 08 Jul 2010 12:23:51 +1000 B46A8EB2-68AE-4AE1-84CB-8B7805EAD435 http://australiancompetitionlaw.org/news.html Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 means that the TPA will be renamed the Competition and Consumer Act 2010 from 1 January 2011.]]> Thu, 24 Jun 2010 17:51:42 +1000 BBF4D417-CD4B-4253-8DFB-8E28CB8515BD http://australiancompetitionlaw.org/news.html Judgment of Justice Finkelstein in this case involving admissions and agreed penalties for cartel conduct is now available and worth a look. Justice Finkelstein compares penalties in other jurisdictions and is critical of the low penalties applied (to date) in Australia. View my blog post on this.]]> Fri, 11 Jun 2010 17:51:51 +1000 2DF962B3-B26C-4032-BA8B-F22D8BA2F002 http://australiancompetitionlaw.org/news.html View paper.]]> Mon, 31 May 2010 17:17:51 +1000 473DA15E-DD3E-4A74-8D16-57FEFBCE14E2 http://australiancompetitionlaw.org/news.html Competition and Consumer Legislation Amendment Bill 2010 which will make minor changes to the merger provisions which the Government, in the Explanatory Memorandum, claims will help to address concerns about creeping acquisitions. View my summary here.]]> Thu, 27 May 2010 13:33:22 +1000 C9960B8F-2346-4A8F-AC72-023EA1B28162 http://australiancompetitionlaw.org/news.html The Age and the Sydney Morning Herald.]]> Thu, 27 May 2010 13:16:51 +1000 D2220E77-2B5C-4C54-91F1-49C3A779D64C http://australiancompetitionlaw.org/news.html American Needle. The case stemmed from an agreement by the National Football League Properties (NFLP), an entity formed by the NFL (an unincorporated association of 32 football teams), to grant an exclusive licence to Reebok to produce and sell trademarked headware for all of the teams. Each of the football teams owned its own name, colors, trademarks etc. The Court found that just because members were controlled by a single entity did not mean they necessarily escaped the scope of s 1 of the Sherman Act - they considered the issue one of 'substance' not 'form' and in this case and asked whether the agreement joined together 'separate economic actors pursuing separate economic interests' such that it 'deprive[d] the marketplace of independent centers of decisionmaking'. The Court found that each NFL team was a substantial independently owned and managed business whose 'general corporate actions are guided or determined [by] separate corporate consciousnesses'. They also observed that the teams compete with each other on and off the playing field. Importantly, the Court held that they were potentially competing suppliers for intellectual property. Consequently they held that the NFLP's decisions to licence the teams' separately owned intellectual property constituted concerted activity covered by section 1 of the Sherman Act. The decision was unanimous. View decision.]]> Tue, 25 May 2010 08:06:30 +1000 F9848F0C-94E8-4F5F-B0CA-10D10612A9D4 http://australiancompetitionlaw.org/news.html Hockey's address.]]> Wed, 19 May 2010 13:57:16 +1000 1E3082BF-1BF0-4880-879D-73B754879E7D http://australiancompetitionlaw.org/news.html press release.]]> Mon, 17 May 2010 13:57:11 +1000 FFAFFEB6-D6E4-4EB8-8688-58743083A871 http://www.accc.gov.au/content/index.phtml/itemId/928664 The next claim by the ACCC in a long line of proceedings instituted in respect of air cargo is against Air NZ, alleging that between 2002 and 2006 Air New Zealand 'entered into arrangements or understandings with other international air cargo carriers that had the purpose or effect of fixing the price of a fuel surcharge and a security surcharge that were applied to air cargo carried by them and other airlines'. A directions hearing has been set for 10 June. Tue, 18 May 2010 12:55:57 +1000 033182CE-9108-4683-B095-2FCAF215DBAE http://www.aph.gov.au/Senate/committee/economics_ctte/richmond_amendment_09/report/ Trade Practices Amendment (Material Lessening of Competition - Richmond Amendment) Bill 2009, finding alteration of the merger test would generate uncertainty when there was no sound evidence suggesting a problem with the current bill. The Committee also rejected the proposal to set a percentage market share threshold for mergers involving firms with an existing substantial market share - the so-called 'creeping acquisition' provision - noting that such a change would be 'arbitrary and contentious'. View report information.]]> Thu, 13 May 2010 12:43:23 +1000 B7A37697-19A7-4897-9098-AFF5A889D070 http://australiancompetitionlaw.org/news.html The ACCC has launched a new publication, Professions and the TPA.

]]> Wed, 05 May 2010 15:31:07 +1000 70F4A326-4392-4BE9-86C4-5FF8CA52030C http://australiancompetitionlaw.org/news.html
View press release.

View authorisation register.]]> Wed, 21 Apr 2010 16:18:31 +1000 00474551-9D2D-49E8-B534-28048FD7CFA9 http://australiancompetitionlaw.org/news.html
View press release.

View authorisation register.]]> Wed, 21 Apr 2010 13:16:59 +1000 26D75E02-D09C-4EC0-9E77-23B6448E0228 http://australiancompetitionlaw.org/news.html
See press release.

See authorisation register, including draft authorisation.]]> Wed, 21 Apr 2010 11:12:53 +1000 047449C8-41DA-4E75-A362-85FA79A9C545 http://australiancompetitionlaw.org/news.html
Scott Murdoch, ' NAB to Defy ACCC on AXA' (The Australian, 21 April)
David Rogers, 'Investors Cautious after NAB blocked' (The Australian, 21 April)
Tim Boreham, 'Bank licks wounds after watchdog bite' (The Australian, 21 April)
Ben Butler, 'NAB Hints at Legal Action Against Corporate Regulator' (Herald Sun, 21 April)
George Lekakis, 'Watchdog thwarts NAB on Axa takeover' (Herald Sun, 21 April)
John Durie, 'ACCC changes its tune' (The Australian, 20 April). ]]> Wed, 21 Apr 2010 09:07:47 +1000 20F57158-A2A3-406C-9EC0-E65D8C8A31BC http://www.ftc.gov/bc/workshops/hmg/index.shtml
View press release.]]> Tue, 20 Apr 2010 13:32:35 +1000 948EE38C-AD0F-4A74-9B59-21843466E670 http://australiancompetitionlaw.org/news.html press release. View decision of Justice Gilmour: ACCC v Admiral Mechanical Services Pty Ltd [2010] FCA 348.]]> Wed, 21 Apr 2010 12:43:44 +1000 7D40C1DF-C2BC-4D02-9158-D85FF708E4CD http://australiancompetitionlaw.org/news.html press release. View public competition assessment register.]]> Mon, 19 Apr 2010 11:10:05 +1000 E56A7249-8FBF-4C2F-BB8A-ACCAF0D1C737 http://australiancompetitionlaw.org/news.html press release.]]> Wed, 14 Apr 2010 15:42:41 +1000 F7847FFC-9FA8-412A-A23C-B00E27BACAE6 http://australiancompetitionlaw.org/news.html press release.]]> Fri, 09 Apr 2010 15:35:39 +1000 D28964DF-216C-4489-A241-454DA638FC45 http://australiancompetitionlaw.org/news.html authorisation register. View press release.]]> Thu, 01 Apr 2010 13:18:40 +1100 A5DF23B6-E110-4B44-84AC-36C6A429E0CD http://australiancompetitionlaw.org/news.html full press release. See mergers register.]]> Thu, 01 Apr 2010 11:01:28 +1100 9A649C3B-03F5-486D-9E9B-5482E32B4387 http://australiancompetitionlaw.org/news.html press release. See mergers register.]]> Thu, 01 Apr 2010 11:00:16 +1100 D0E2C470-A334-4A00-BCE9-72D13E8BE2FE http://www.austlii.edu.au/au/cases/cth/FCA/2010/294.html ACCC v Cement Australia Pty Ltd today. The meaning of market under ss 45, 46 and 47 of the TPA is discussed.  The judgment begins: "Most competition cases are complex.  This case is no exception."  This judgment sets out the markets alleged in pleadings but ultimately relates only to amendments of pleadings and attribution of costs related to late amendment to pleadings.]]> Fri, 26 Mar 2010 13:33:44 +1100 2793C8F8-BE0C-4231-9B90-823F9AA7D200 http://australiancompetitionlaw.org/news.html draft decision 'proposing to deny authorisation to the NSW Government-owned electricity generators and the future acquirers of the Gentrader bundles to join and use a joint risk management arrangement'. See press release. See authorisation register.]]> Fri, 26 Mar 2010 12:25:22 +1100 7C5E5C75-27B9-4DF9-8DB0-2E272490ED10 http://australiancompetitionlaw.org/news.html Statement of Issues on the proposed BHP Billiton and Rio Tinto joint venture to produce iron ore in WA. See press release. See Merger register.]]> Thu, 25 Mar 2010 12:35:12 +1100 321A9CDC-FF2D-415F-BD05-BB8B5606FDBD http://australiancompetitionlaw.org/news.html press release. See the ACCC's determination.]]> Thu, 25 Mar 2010 13:18:54 +1100 77559C55-7A0E-4E50-A848-529B9F1D4E4A http://australiancompetitionlaw.org/news.html draft decision. See press release.]]> Thu, 25 Mar 2010 13:18:54 +1100 86EC54C8-D2A7-4255-A7E7-BBEF3ECFA3ED http://australiancompetitionlaw.org/news.html press release. See registry record.]]> Thu, 25 Mar 2010 13:18:54 +1100 AA804D9D-6F77-4E16-A369-D7E4AEE64CDF http://australiancompetitionlaw.org/news.html press release. See registry record.]]> Thu, 25 Mar 2010 13:18:53 +1100 B059D724-C53C-4F8D-B09D-4AB05E056E7B http://australiancompetitionlaw.org/news.html draft determination 'proposing to grant authorisation to the Board of Airline Representatives of Australia Inc to continue to engage in collective negotiations, on behalf of its member international airlines, for essential airport services'. See press release.]]> Wed, 24 Mar 2010 13:17:56 +1100 0CA924D7-47AF-41E5-B7AB-7E24DA632ABA http://australiancompetitionlaw.org/news.html press release. See public register, including statment of issues.]]> Wed, 24 Mar 2010 13:17:53 +1100 E7A82495-AE95-4CB0-B62E-0A7B34829749 http://australiancompetitionlaw.org/news.html draft determination has been issued and is open for comment until 9 April. See press release.]]> Tue, 23 Mar 2010 13:17:30 +1100 DBEF196E-0732-4C48-A187-658F8A39D366 http://australiancompetitionlaw.org/news.html Trade Practices Amendment (Australian Consumer Law) (No 2) Bill 2009 was introduced into the House of Representatives today. Schedule 5, s 2, provides: “Omit “Trade Practices Act 1974“, substitute “Competition and Consumer Act 2010””]]> Wed, 17 Mar 2010 13:10:59 +1100 CB058E6A-77FF-4C9C-BCD4-A6BEE4795A4B http://australiancompetitionlaw.org/news.html media release.]]> Fri, 05 Mar 2010 13:10:37 +1100 928CA2E3-1880-4C39-9105-AD062EE27F5A http://australiancompetitionlaw.org/news.html media release.]]> Fri, 05 Mar 2010 13:09:19 +1100 F7871629-1208-460B-96FB-17D509EFD5E9 http://australiancompetitionlaw.org/news.html press release. View public register.]]> Thu, 04 Mar 2010 13:08:36 +1100 CD69F797-8D0D-4C5A-BC83-EEC971B44823 http://australiancompetitionlaw.org/news.html View speech.]]> Wed, 03 Mar 2010 13:08:07 +1100 408A082C-7349-4761-AA0D-C5BE98699548 http://australiancompetitionlaw.org/news.html press release. View notification register.]]> Tue, 02 Mar 2010 13:07:27 +1100 61960E9F-B33D-41C0-B0C9-7EE1438D71D3 http://australiancompetitionlaw.org/news.html press release.]]> Thu, 25 Feb 2010 13:06:56 +1100 DD3501D4-AD26-49C7-A764-C45CA3826268