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Linklaters Insight: summer’s top competition stories 2020
Insight 01 Sep 2020

The pandemic has shone blinding spotlights on existing areas of concern within competition law and accelerated attempts by policy makers to find solutions. ...

In Touch: ACCC to monitor domestic airlines; Qantas refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; and other developments
Insight 07 Jul 2020

ACCC to monitor domestic airlines; Qantas offers refunds for flight cancellations; High Court appeal for Pacific National/Aurizon decision; wine grape contract terms under scrutiny; new research on consumer understanding of electricity offers; and ACCC authorises coal producers to negotiate collectively ...

In Touch: ACCC seeks clarity on unconscionable conduct; Medibank receives $5 million penalty for misrepresentations to members; continued cooperation in the era of COVID-19; and other developments
Insight 21 Jul 2020

ACCC seeks clarity on unconscionable conduct; ACCC clears Elanco's acquisition of Bayer's animal health business; ACCC chimes in on transparency in music licensing; Medibank receives $5 million penalty for misrepresentations to members; Kogan misled consumers with EOFY promotion; and continued cooperation in the era of COVID-19 ...

Consultation begins on the CDR energy rules framework
Insight 11 Aug 2020

An overview of the ACCC's approach to the CDR Rules and CDR data sets for the energy sector, and matters which may require energy-specific rules. This article provides and highlights the key issues which have been left open for further consideration. ...

Product safety priorities — the ACCC's focus for 2020
Insight 30 Mar 2020

The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...

No relief from pain for Maxigesic claims
Insight 30 Apr 2020

AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 serves as an important reminder of the risks of comparative advertising and the need for adequate scientific foundations to support representations claiming to be based in science. ...

Consumer laws - 'green' marketing
Insight 25 May 2020

Consumers and investors are increasingly conscious of climate change risks, and more demanding of businesses to adopt sustainable business practices. This has led to an increase in 'green marketing', which includes statements about environmental sustainability, carbon neutrality, recycling or impact ...

The CDR is coming to the energy sector – have your say now
Insight 26 May 2020

The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...

ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
Insight 16 Jun 2020

The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...

In Touch: COVID-19 and competition and consumer law issues; concerns over Google's proposed acquisition of Fitbit; and ACCC says proposed 'loyalty program' may raise competition issues
Insight 22 Jun 2020

In COVID-19 news, the authorisation permitting insurers to coordinate on temporary relief measures is being proposed to be extended; and the ACCC has imposed further conditions on coordination between health insurers. Elsewhere, the ACCC has rejected a proposal to set minimum advertised prices for Dewalt power tools, declaring any public benefit was outweighed by the potential consumer detriments. The Federal Court has declined to make declaration that Quantum Housing engaged in unconscionable conduct; and also found in favour of Kimberly-Clark Australia by dismissing the ACCC's appeal regarding Kleenex flushable wipes. Finally, the ACCC has raised concerns with Google's proposed acquisition of Fitbit; and also stated that Caravanning Queensland's proposed 'loyalty program' may raise competition concerns. ...

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