The Covid-19 health crisis raises substantial challenges for businesses and consumers and has had a significant impact on competition law affecting the consumer sector. While the particular implications will vary by jurisdiction, some common trends may be identified. One broader development is that competition authorities have recognised that certain forms of temporary cooperation between businesses, … Read more

The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially lessening competition. While this case centred … Read more

On 13 February 2020, the Federal Court of Australia declared that the proposed merger between TPG Telecom Limited (TPG) and Vodafone Hutchison Australia (Vodafone) would not have the likely effect of substantially lessening competition in the retail mobile market, and therefore would not contravene of section 50 of the Competition and Consumer Act 2010 (CCA). … Read more

The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to  authorise coordination as between competitors which might otherwise contravene provisions of the Competition and Consumer Act (CCA). The ACCC has responded quickly and dedicated significant staff to assess these applications. As of 8 April 2020, the ACCC has made 16 COVID-19 interim … Read more

The ACCC’s 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of 2020. This year’s priorities highlight a continued focus on key consumer facing industries, with technology and essential services (such as electricity and telecommunications) continuing to be focal points. The … Read more

Our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation is now available. Foreign Direct Investment (FDI) filings are an increasingly important piece of the regulatory jigsaw for cross-border M&A. Against a background of mounting protectionist rhetoric, countries traditionally open to investment (such as the US, UK and Australia) are moving towards … Read more

On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power.  The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two proceedings to date that invoke the ‘effects test’ … Read more

On 2 September 2019, the ACCC released the final report of the ACCC’s inquiry into the supply of foreign currency conversion services (FX services) in Australia (the Report).  The ACCC concluded that Australian consumers are paying too much for FX services because of confusing, inconsistent pricing and a lack of robust competition. Read more