K-LINE RECEIVES A RECORD $34.5M FINE FOR CRIMINAL CARTEL CONDUCT

Kawasaki Kisen Kaisha Ltd (K-Line) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018. Justice Wigney of the Federal Court stated that the penalty “should send a powerful message to multinational corporations” and that “anti-competitive conduct will not be tolerated”. It is … Read more

ACCC’S GAME CHANGING DIGITAL PLATFORMS FINAL REPORT: 5 THINGS YOU NEED TO KNOW

The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report, the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes account of the close links between competition, consumer and privacy … Read more

EU Commission imposes more fines for cross-border sales restrictions – the Hello Kitty case is the latest in a series of cases

On 9 July 2019 the EU Commission imposed a fine of €6.2 million on Japanese company Sanrio for restricting cross-border sales in the EU of its Hello Kitty merchandising products. In addition to direct sales the Hello Kitty products are distributed in Europe through licensed distributors, and Sanrio’s merchandising agreements contained clauses that expressly restricted … Read more

The view from Brussels can the backstop be renegotiated

Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again, that “the Withdrawal Agreement is not open for renegotiation”. In … Read more

FDI Podcast EP6: Foreign Direct Investment in China

In this, sixth episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills’ competition practice, leads a discussion about foreign direct investment in China. She talks to Karen Ip and David Dawborn, corporate partners at Herbert Smith Freehills and Ying Staton, head of Asia at Global Counsel. Read more

ACCC Case theory Terminal

In July 2017, Aurizon and Pacific National entered into a number of agreements for the sale and purchase (or subcontract) of Aurizon’s Acacia Ridge Terminal, its interstate intermodal business and its Queensland intermodal business. The ACCC alleged that in doing so Aurizon and Pacific National reached an understanding that had (or Pacific National’s proposed acquisition … Read more

FDI Podcast EP5: Foreign Direct Investment in Australia

In this, fifth episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills’ competition practice, leads a discussion about foreign direct investment in Australia. She talks to Matt Fitzgerald, a corporate partner at Herbert Smith Freehills and Stephen Adams, senior director at Global Counsel. Read more