Australian Competition Authority

Australian Competition and Consumer Commission (Canberra)

The Australian Competition and Consumer Commission (ACCC) promotes competition and fair trade in markets to benefit consumers, businesses, and the community. The ACCC also regulate national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with Australian competition, fair trading, and consumer protection laws - in particular the Competition and Consumer Act 2010.

Articles

9324 Bulletin

Australian Competition Authority The Australian Competition and Consumer Authority proposes to grant authorisation to owner drivers to collectively bargain with major supplier of chain logistics (Toll / Transport Workers’ Union of Australia)

144

ACCC proposes to grant authorisation to owner drivers to collectively bargain with Toll* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to owner driver members of the Transport Workers’ Union in Queensland to engage in (...)

Australian Competition Authority The Australian Competition and Consumer Commission notifies the businesses about obligation to pass through all cost savings attributable to the carbon tax repeal

94

ACCC puts businesses on notice about Carbon Tax Price Reduction Obligation* Now that Parliament has repealed the carbon tax, the Australian Competition and Consumer Commission will have new powers to take action against businesses that supply regulated goods which fail to pass through all cost (...)

Australian Competition Authority The Australian Competition Commission releases statement of issues outlining potential competition concerns with the proposed acquisition of four stores (Progressive Supa IGA / Coles Supermarkets Australia)

35

ACCC calls for comment on proposed acquisition of Supa IGA stores in WA by Coles* The Australian Competition and Consumer Commission has released a Statement of Issues outlining potential competition concerns with the proposed acquisition of four Progressive Supa IGA stores by Coles (...)

Australian Competition Authority The Australian ACCC and ASIC issue new guidelines concerning the debt collection industry and the assessment of the risk of breaching competition, consumer and other relevant laws

50

ACCC and ASIC revise guidelines for businesses and consumers about debt collection activities* The Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have launched an updated version of their ‘Debt collection guideline: for (...)

Australian Competition Authority The Australian Competition and Consumer Commission outlines potential competition concerns with the proposed acquisition on the market for casino services (Reef Casino Trust)

52

ACCC calls for comment on Aquis’ proposed acquisition of the Reef Hotel Casino* The Australian Competition and Consumer Commission has released a Statement of Issues outlining potential competition concerns with the proposed acquisition by Aquis Reef Holdings (Aus) Pty Ltd (together with its (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants authorisation to continue to apply a small levy on the sale of clay brick and concrete masonry products (ABBTF)

55

ACCC reauthorises brick levy to help with bricklayer shortage* The Australian Competition and Consumer Commission has granted authorisation to the Australian Brick & Blocklaying Training Foundation (ABBTF), Think Brick Australia and the Concrete Masonry Association of Australia to continue (...)

Australian Competition Authority The Australian Federal Court decides that the Competition Authority cannot hear or determine disputes on agreed terms and conditions in relation to network access charges leading the Authority to cease arbitration of these matters (Telstra Corporation Limited / Vocus Fibre)

102

ACCC ceases arbitrations following court decision* The Full Federal Court has handed down its decision on a judicial review application originally commenced by Telstra on 3 January 2014. Telstra sought review of the Australian Competition and Consumer Commission’s jurisdiction to arbitrate (...)

Australian Competition Authority The Australian Competition Authority decides not to object to a proposal by a monopoly operator to increase prices for air traffic control and aviation fire-fighting and rescue services (Airservices Australia)

63

ACCC does not object to price increases by Airservices Australia* The Australian Competition and Consumer Commission has decided to not object to a proposal by Airservices Australia to increase prices for its monopoly services, from 1 July 2014. Airservices Australia provides air traffic (...)

Australian Competition Authority The Australian Competition Tribunal receives an application for authorisation to acquire the assets of a power station following the opposition decision issued by the ACCC (AGL Energy / Macquarie Generation)

90

AGL to seek Australian Competition Tribunal decision on Macquarie Generation* The Australian Competition and Consumer Commission acknowledges AGL’s application to the Australian Competition Tribunal which was filed today seeking an authorisation that an acquisition of Macquarie Generation be (...)

Australian Competition Authority The Australian Competition Tribunal grants authorisation to complete acquisition under the proposed conditions on the market for electricity wholesale and retail markets in NSW (AGL Energy / Macquarie Generation)

109

ACCC disappointed by Tribunal decision authorising AGL to acquire Macquarie Generation* The Australian Competition Tribunal (the Tribunal) has decided to grant conditional authorisation to AGL Energy Limited’s (AGL) proposed acquisition of Macquarie Generation. The Tribunal concluded that the (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation to enable taxi operators organised in cooperative networks to make and give effect to agreements within the same co-operative network as to the maximum fares charged for booked and contracted work

44

ACCC permits Victorian country taxi co-ops to agree prices in the short term* The Australian Competition and Consumer Commission has decided to temporarily exempt Victorian country taxi operators working in co-operatives from competition laws so they can agree the maximum prices for their (...)

Australian Competition Authority The Australian Competition and Consumer Authority grants authorisation for a joint tender for the supply of organic waste processing services (Metropolitan Melbourne Waste Management Group)

56

ACCC grants authorisation to Melbourne councils for joint organic waste tender* The Australian Competition and Consumer Commission has granted authorisation for Metropolitan Melbourne Waste Management Group and eight metropolitan Melbourne councils to jointly tender and enter into contracts (...)

Australian Competition Authority The Federal Court of Australia files an application seeking to challenge compulsory examination notices being part of an antitrust investigation into allegations of cartel conduct regarding a tender process for an exploration mining licence (Paul and Moses Obeid)

144

Moses and Paul Obeid issue court challenge to ACCC examination notices* In response to media inquiries, the ACCC confirms that an application has been filed in the Federal Court of Australia which seeks to challenge compulsory examination notices issued by the ACCC to Paul and Moses Obeid (...)

Australian Competition Authority The Australian Competition and Consumer Commission reauthorises arrangements for the acquisition and licensing of performing rights in music, subject to certain conditions (APRA)

127

ACCC requires improved dispute resolution in performing rights arrangements* The Australian Competition and Consumer Commission has reauthorised the Australasian Performing Right Association’s (APRA) arrangements for the acquisition and licensing of performing rights in music, subject to (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues its ninth report assessing cross-subsidy between the services provided by domestic postal service provider (Australia Post)

58

ACCC report finds no cross-subsidy in Australia Post* The Australian Competition and Consumer Commission has issued its ninth report assessing cross-subsidy between the services provided by Australia Post. The ACCC uses information provided by Australia Post in accordance with ACCC (...)

Australian Competition Authority The ACCC Commissioner emphasizes that airline alliances and code-sharing may promote efficient and competitive markets, but they also raise competition concerns

54

Competition issues at the forefront in aviation* Competition issues have featured prominently in the rapidly changing aviation sector, ACCC Commissioner Dr Jill Walker said today at the Swinburne Aviation Industry Conference in Melbourne. “The competitive landscape in the airline market has (...)

Australian Competition Authority The Australian Competition and Consumer Authority reports breaches of the Structural Separation Undertaking containing commitments related to vertical integration in the telecom sector (Telstra)

107

ACCC reports on breaches of Telstra’s SSU* The Australian Competition and Consumer Commission’s annual report on Telstra’s compliance with its Structural Separation Undertaking (SSU) was tabled in Parliament today. The report outlines a number of occasions during the 2012-13 financial year where (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose proposed acquisition of fuel division after accepting an undertaking to sell four retail fuel sites (Caltex / Scotts)

91

ACCC will not oppose proposed acquisition of the fuel division of the Scotts Group by Caltex following divestiture remedy* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition by Caltex Australia Limited of the fuel division of the (...)

Australian Competition Authority The Australian Competition and Consumer Commission and the Chinese MOFCOM sign a memorandum of understanding allowing the exchange of information between the agencies on mergers that affect both the Australian and Chinese markets

134

Australia and China to increase cooperation on mergers regulation* The Australian Competition and Consumer Commission and the Ministry of Commerce of the People’s Republic of China (MOFCOM) have signed a memorandum of understanding. ACCC Chairman Rod Sims said the agreement paves the way for (...)

Australian Competition Authority The Australian Competition and Consumer Authority issues a draft determination proposing to grant authorisation of an arrangement for affordable housing for five years (Renewal / Investec Bank)

50

ACCC proposes to authorise agreement for construction of affordable housing* The Australian Competition and Consumer Commission has issued a draft determination proposing to authorise Renewal SA to sell a section of a development site in Bowden, South Australia to Investec on the condition (...)

Australian Competition Authority The Australian Competition and Consumer Authority issues a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers (Seedvise)

74

ACCC proposes to authorise plant breeders’ collective bargaining arrangements* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow royalty managers for plant breeders to collectively negotiate with the grain buyers they engage to collect (...)

Australian Competition Authority The Australian Federal Court orders by consent payment of penalties for involvement in cartel conduct in relation to the price of bearings (Nachi / Koyo)

109

$3 million penalty for bearings cartel conduct* The Federal Court has today ordered by consent that NSK Australia Pty Ltd (NSK Australia) pay total penalties of $3 million for its involvement in cartel conduct in relation to the price of bearings in Australia, in proceedings brought by the (...)

Australian Competition Authority The Australian Competition and Consumer Authority lodges a cross-appeal in relation to a judgment of the Federal Court ordering penalties for attempt to enter into anti-competitive arrangements with three international airlines (Flight Centre)

75

ACCC cross-appeals penalty judgment against Flight Centre* The Australian Competition and Consumer Commission has on 8 May 2014 lodged a cross-appeal in relation to a penalty judgment of the Federal Court on 28 March 2014 ordering Flight Centre Limited (Flight Centre) to pay penalties (...)

Australian Competition Authority The Australian Competition and Consumer Authority clears an acquisition proposed by leading convenience retailer of a company owning retail petrol station sites in South Australia (BP / Peregrine)

47

ACCC will not oppose Peregrine’s proposed acquisition of BP petrol station sites in SA* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by Peregrine Corporation (Peregrine) of BP Australia’s (BP) company- owned and operated retail petrol station sites (...)

Australian Competition Authority The Australian Competition and Consumer Authority institutes proceedings in the Federal Court of Australia against supermarket chain for exploitative conduct (Coles Supermarkets)

152

ACCC takes action against Coles for alleged unconscionable conduct towards its suppliers* The Australian Competition and Consumer Commission (ACCC) has instituted proceedings in the Federal Court of Australia against Coles Supermarkets Australia Pty Ltd and Grocery Holdings Pty Ltd (together, (...)

Australian Competition Authority The Australian Competition Authority receives a court enforceable undertaking from a kitchenware company concerning discontinuation of resale price maintenance and a compliance program (KitchenAid)

155

KitchenAid distributor undertakes not to induce retailers on minimum prices* Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it (...)

Australian Competition Authority The Australian Competition and Consumer Authority does not oppose the proposed acquisition on the market for ownership or operation of tollroads (Transurban / Queensland Motorways)

87

ACCC to not oppose Transurban Consortium’s proposed acquisition of the tollroad assets of Queensland Motorways Group* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by the Transurban Consortium (including Transurban Group) of the tollroad and (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation to a number of city councils in Sidney to commence a joint tender for household clean up waste (Bankstown City / Fairfield City / Parramatta City / Liverpool City)

77

ACCC grants interim authorisation to Sydney councils for joint waste tender* The Australian Competition and Consumer Commission has granted interim authorisation to Bankstown City Council, Fairfield City Council, Parramatta City Council and Liverpool City Council in Sydney to commence a joint (...)

Australian Competition Authority The Australian Competition and Consumer Authority issues a draft determination proposing to grant authorisation to make and give effect to a code of practice for traders of financial derivatives (CFD Forum)

61

ACCC proposes to authorise best practice standards in the provision of contracts for difference* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to enable current and future members of the Australian CFD Forum to make and (...)

Australian Competition Authority The Australian Federal Court imposes fines on a travel agency for repeatedly attempting to enter into anti-competitive arrangements with three international airlines (Flight Centre)

77

$11 million penalties imposed on Flight Centre* The Federal Court has today made declarations and ordered that Flight Centre pay penalties totalling $11 million for repeatedly attempting to enter into anti-competitive arrangements with three international airlines to eliminate differences in (...)

Australian Competition Authority The Australian Competition and Consumer Commission revokes regulations requiring telecom operator to report on its wholesale and retail operations (Telstra)

53

ACCC revokes Telstra accounting separation reporting requirements* The Australian Competition and Consumer Commission has revoked regulations requiring Telstra to report to the ACCC on its wholesale and retail operations, known as the Accounting Separation Record Keeping Rules. The ACCC was (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases statements outlining concerns with the proposed acquisition of a private hospital in Melbourne (Brunswick Private Hospital / Healthscope)

35

ACCC releases Statement of Issues on proposed acquisition of Brunswick Private Hospital by healthscope* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the Brunswick Private Hospital, in Melbourne’s (...)

Australian Competition Authority The Australian Competition and Consumer Authority does not oppose the acquisition of an independant insurance underwriter because other competitors including the banks and challenger brands are likely to have a similar ability to provide strong price-based competition (IAG / Wesfarmers)

81

The Australian Competition and Consumer Commission has announced that it will not oppose IAG’s proposed acquisition of Wesfarmers’ insurance underwriting business* IAG’s proposed acquisition was publicly announced in December 2013. The ACCC has closely reviewed the proposed acquisition as IAG and (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft determination proposing to grant authorisation to a professional association of mortgage and finance brokers to adopt a code of disciplinary rules

47

ACCC proposes to authorise the MFAA’s disciplinary rules* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to the Mortgage and Finance Association of Australia (MFAA) for its Disciplinary Rules. The ACCC proposes to grant (...)

Australian Competition Authority The Australian Federal Court finds restrictive agreements preventing a competitor from entering the market by obtaining direct access to a source of flyash (Cement Australia)

176

Federal Court declares anticompetitive conduct by Cement Australia* The Federal Court in Brisbane has made declarations in the ACCC v Cement Australia Pty Ltd & Ors matter, finding numerous contraventions of section 45 of the then Trade Practices Act 1974, now the Competition and Consumer (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose a proposed acquisition of a distributor of flat steel products after accepting an undertaking to divest certain processing assets (BlueScope Steel / OneSteel Sheet & Coil)

38

ACCC will not oppose proposed acquisition of OneSteel Sheet and Coil by Bluescope* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of the OneSteel Sheet and Coil business from Arrium Limited by BlueScope Steel Limited after (...)

Australian Competition Authority The Australian Competition and Consumer Commission opposes the acquisition of two power stations by main electricity retailer (AGL Energy / Macquarie Generation)

76

ACCC opposes AGL’s proposed acquisition of Macquarie Generation* The Australian Competition and Consumer Commission has today announced that it will oppose the acquisition of the assets of Macquarie Generation by AGL Energy Limited (AGL). The ACCC considers that the proposed acquisition is (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft objection notice proposing to revoke two collective bargaining notifications lodged by a national industry body representing the interests of online wagering and sportsbetting companies (AWC)

77

ACCC proposes to revoke immunity for collective bargaining and collective boycott against NRL by betting agencies* The Australian Competition and Consumer Commission has issued a draft objection notice proposing to revoke two collective bargaining notifications lodged by the Australian (...)

Australian Competition Authority The Australian Competition and Consumer Commission outlines its policy priorities for 2014 underlining that cartel conduct, anticompetitive agreements and misuse of market power will always be assessed as a primary concern

44

ACCC 2014 compliance and enforcement policy promises action on drip pricing* The Australian Competition and Consumer Commission has released its 2014 Compliance and Enforcement Policy. The policy outlines the ACCC’s priority areas for the year and sets out the factors to be taken into account (...)

Australian Competition Authority The Australian Competition and Consumer Commission launches a market consultation on commitments in relation to a proposed acquisition of the business and assets of a energy supplier (AGL Energy / Macquarie Generation)

98

ACCC to consult market on proposed undertaking from AGL* The Australian Competition and Consumer Commission today commenced market consultation on a proposed undertaking offered by AGL Energy Limited (AGL) in relation to its proposed acquisition of the business and assets of Macquarie (...)

Australian Competition Authority The Australian Competition and Consumer Commission institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)

108

ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste management

107

Authorisation granted to eight NSW regional councils for joint tender arrangements* The Australian Competition and Consumer Commission has granted authorisation to eight regional councils in New South Wales to enable them to jointly tender and contract for waste collection services and (...)

Australian Competition Authority The Australian Competition Authority launches its twice-yearly report providing a summary of activities in the small business and franchising sectors and updates on industry codes

91

Big spike in small business contacts to competition regulator* The Australian Competition and Consumer Commission has launched the latest Small Business in Focus Report which outlines its work in the sector. ACCC Deputy Chair Dr Michael Schaper said that the report highlights the ongoing (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation for collective negotiations between coal producers (Tanna Coal Export Terminal Producers / GPC)

86

Coal producers granted interim authorisation for collective negotiations* The Australian Competition and Consumer Commission has granted interim authorisation for the RG Tanna Coal Export Terminal Producers (the applicants) to collectively negotiate with Gladstone Ports Corporation (GPC). The (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose proposed acquisition on the market for manufacture and supply of roll formed products (BlueScope Steel / Fielders)

35

ACCC to not oppose BlueScope Steel’s proposed acquisition of Fielders Australia* The Australian Competition and Consumer Commission will not oppose the proposed acquisition by BlueScope Steel Ltd of Fielders Australia. BlueScope, through its subsidiary Lysaght, competes with Fielders in the (...)

Australian Competition Authority The Federal Court of Australia orders by consent the payment of $2.2 million in penalties for engaging in resale price maintenance for branded air conditioning products (Mitsubishi Electric)

187

Mitsubishi Electric Australia to pay $2.2 million for resale price maintenance* The Federal Court of Australia has ordered by consent that Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) pay $2.2 million in penalties for engaging in resale price maintenance. Resale price (...)

Australian Competition Authority The Australian Competition and Consumer Commission conditionally approves a proposed acquisition in life science sector (Thermo Fisher Scientific / Life Technologies)

110

ACCC conditionally approves the proposed acquisition of Life Technologies by Thermo Fisher* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Life Technologies Corporation by Thermo Fisher Scientific Inc after competition (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with the proposed acquisition in the local market for the supply of takeaway packaged liquor (Lindisfarne Cellars / Woolworths)

51

ACCC concerned about Woolworths’ proposed acquisition of Lindisfarne Cellars* The Australian Competition and Consumer Commission has released a Statement of Issues outlining concerns with the proposed acquisition of Lindisfarne Cellars by Woolworths Limited. Lindisfarne Cellars is a bottleshop (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases a report of its draft decision to continue regulating the termination of calls on mobile phone networks

90

ACCC releases draft report on regulation of access to mobile networks* The Australian Competition and Consumer Commission has today released a report of its draft decision to continue regulating the termination of calls on mobile phone networks. It is also proposing to regulate the termination (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases draft reports proposing to maintain the existing regulation of wholesale services supplied using copper network, other fixed line infrastructure and transmission routes (Telstra)

55

ACCC releases draft reports on transmission and fixed line network regulation* The Australian Competition and Consumer Commission is currently reviewing the scope of its regulation of telecommunications services. It has today released draft reports that propose to largely maintain the existing (...)

Australian Competition Authority The Australian Competition Authority takes action against alleged cartel conduct relating to the supply of ball and roller bearings for use in motor vehicles and industrial applications (NSK)

119

ACCC takes action against NSK for alleged cartel conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Sydney, against NSK Australia Pty Ltd (NSK) for alleged cartel conduct relating to the supply of ball and roller bearings for use in (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to grant authorisation to eight regional councils to enable them to jointly tender for waste collection services, and recyclables and organic waste processing services (New South Wales)

85

ACCC proposes to grant authorisation to eight regional councils in NSW for joint tender for waste services* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to eight regional councils in NSW to enable them to jointly tender (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements advanced by a number of specific suppliers of wagering services, energy services and insurance (Clubs Australia)

87

ACCC proposes to authorise Clubs Australia’s collective bargaining arrangements* The Australian Competition and Consumer Commission proposes to authorise collective bargaining arrangements put forward by Clubs Australia for five years. Clubs Australia, representing 6,500 licensed clubs across (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to grant authorisation to enable a chain of up-market department stores to continue to invite certain businesses to participate in various promotions (Myer)

104

ACCC proposes to grant authorisation to Myer* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to Myer to enable it to continue to invite certain businesses operating within Myer Stores to participate in various promotions. (...)

Australian Competition Authority The Australian Competition and Consumer Commission files civil proceedings against a cartel that allegedly denied the benefits of lower prices for laundry detergent products to the consumers (Woolworths)

92

ACCC takes action against alleged laundry detergent cartel* The Australian Competition and Consumer Commission has filed civil proceedings, in the Sydney registry of the Federal Court of Australia, in relation to an alleged cartel that the ACCC alleges denied Australian consumers the benefits (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft determination proposing to allow a collective bargain with office products suppliers (Office Choice)

33

ACCC proposes to reauthorise collective bargaining by office products retailers group* The Australian Competition and Consumer Commission has issued a draft determination proposing to allow Office Choice Limited, Office Brands Limited, Office Products Depot and their current and future (...)

Australian Competition Authority The Australian Competition and Consumer Commission appeals against recent decision dismissing cartel allegations as regards fixing of home loan fees (ANZ)

78

ACCC appeals ANZ Bank decision* The Australian Competition and Consumer Commission (ACCC) has appealed against the recent decision by Justice Dowsett in the Federal Court dismissing the ACCC’s allegations that Australia and New Zealand Banking Group Limited (ANZ) had breached the price fixing (...)

Australian Competition Authority The Australian Federal Court finds that a travel agent attempted to induce certain airlines to make collusive arrangements with it in relation to retail air fares for international air travel (Flight Centre)

115

Federal Court finds that Flight Centre attempted to enter into illegal arrangements with airlines* The Federal Court has held that on 6 occasions Flight Centre attempted to enter into arrangements with airlines which sought to eliminate differences in air fares so as to fix, control or (...)

Australian Competition Authority The Australian Competition and Consumer Commission calls for comment on proposed acquisition on the market for supply of steel coil (BlueScope / Fielders)

35

ACCC calls for comment on BlueScope Steel’s proposed acquisition of Fielders Australia* The Australian Competition and Consumer Commission has released a Statement of Issues on the proposed acquisition of Fielders Australia Pty Ltd by BlueScope Steel Ltd. BlueScope, through its subsidiary (...)

Australian Competition Authority The Australian Competition and Consumer Commission allows minor variations on the authorisation of a joint venture on the market for port terminal operations (AAT)

92

ACCC allows minor variations to AAT joint venture authorisation* The Australian Competition and Consumer Commission has allowed minor variations to authorisation of the Australian Amalgamated Terminals Pty Ltd (AAT) joint venture. The minor variations will enable AAT to operate the terminal (...)

Australian Competition Authority The Australian Competition and Consumer Commission releases a statement of issues outlining concerns with a proposed acquisition that may result in a substantial lessening of competition as it would remove the only independent full-line supermarket in the local market (Woolworths / Renaissance Supa IGA)

42

ACCC releases SoI on proposed acquisition of St Kilda Supa IGA by Woolworths* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the St Kilda Renaissance Supa IGA by Woolworths Limited. The target (...)

Australian Competition Authority The Australian Competition Authority clears a merger on the market for supply of floor-plan financing to motor vehicle dealerships, point-of-sale retail finance to customers of motor vehicle dealerships and equipment finance to a range of businesses (Lloyds International / Westpac Banking)

103

ACCC to not oppose Westpac’s proposed acquisition of Lloyd’s assets* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of certain assets of Lloyds International Pty Ltd including Capital Finance Australia Limited (CFAL) and BOS International (Australia) (...)

Australian Competition Authority The Australian Competition and Consumer Commission decides to re-authorise collective bargaining arrangements put forward by the national medical association for ten years (NSW)

73

ACCC reauthorises AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has decided to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) sought authorisation to continue to (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorisation to continue to negotiate on behalf of its members in relation to existing terms and conditions of agency agreements and arrangements (Lottery Agents Queensland / Golden Casket Lottery)

53

ACCC grants interim authorisation to Lottery Agents Queensland* The Australian Competition and Consumer Commission has granted interim authorisation to Lottery Agents Queensland to continue to negotiate on behalf of its members in relation to existing terms and conditions of agency agreements (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft determination proposing to grant authorisation to impose a four cent per litre/kilogram levy on the sale of agricultural and veterinary chemicals (AgStewardship)

55

ACCC proposes to grant authorisation for waste reduction scheme* The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to AgStewardship Australia Limited on behalf of itself, its members, Agsafe Limited and current and future (...)

Australian Competition Authority The Australian Competition Authority issues a draft decision proposing to consent to a variation in an access agreement as regards a port terminal for bulk wheat export (Viterra)

71

ACCC issues draft decision on Viterra’s wheat port undertaking* The Australian Competition and Consumer Commission has issued a draft decision proposing to consent Viterra Operations Limited’s (Viterra) application to extend and vary its 2011 Port Terminal Services Access Undertaking. Viterra’s (...)

Australian Competition Authority The Australian Federal Court receives a file concerning alleged resale price maintenance on the market for branded air conditioning products (ACCC / Mitsubishi Electric)

91

ACCC institutes proceedings against Mitsubishi Electric Australia for alleged resale price maintenance* The Australian Competition and Consumer Commission has filed proceedings in the Federal Court against Mitsubishi Electric Australia Pty Ltd (Mitsubishi Electric) for allegedly engaging in (...)

Australian Competition Authority The Australian Competition and Consumer Commission finds that there is insufficient evidence to support a contravention of the cartel provisions in relation to casino operations in New South Wales and Queensland (Echo)

33

ACCC statement on Crown/ Echo investigation* The Australian Competition and Consumer Commission has concluded an investigation following comments made by the Chairman of Echo Entertainment, Mr John O’Neill, that the Chairman of Crown, Mr James Packer, made a statement which could have been (...)

Australian Competition Authority The Australian Federal Court dismisses the proceedings alleging the violation of the price fixing prohibition in the loan arrangement services market (ANZ)

79

ANZ found not to have breached price fixing provisions* The Federal Court has today dismissed proceedings brought by the Australian Competition and Consumer Commission alleging that Australian and New Zealand Banking Group Limited (ANZ) had breached the price fixing provisions of the Trade (...)

Australian Competition Authority The Australian Competition and Consumer Commission publishes for consultation a varied SAU specifying terms and conditions relating to access to fibre-to-the-premises, fixed wireless and satellite networks (NBN)

76

ACCC publishes NBN Co’s varied Special Access Undertaking for consultation* The Australian Competition and Consumer Commission received a varied Special Access Undertaking (SAU) from NBN Co on 19 November 2013. If accepted by the ACCC, this SAU will form a key part of the regulatory framework (...)

Australian Competition Authority The Australian Competition and Consumer Commission does not oppose a proposed acquisition in the market for the supply of fixed line broadband services (TransACT Capital Communications / NBN)

65

ACCC to not oppose NBN Co’s proposed acquisition of TransACT’s fibre to the premises network* The Australian Competition and Consumer Commission will not oppose the proposed acquisition of TransACT Capital Communications Pty Ltd’s (TransACT) fibre to the premises network (TransACT FTTP network) (...)

Australian Competition Authority The Australian Competition Authority publishes its September 2013 quarterly report, including information on cartel proceedings regarding the supply of ball and roller bearings for aftermarket applications

99

ACCC quarterly report puts spotlight on statutory information gathering powers* The Australian Competition and Consumer Commission has published its September 2013 quarterly report, ACCCount. In the last quarter, the ACCC was involved in 10 proceedings relating to competition enforcement (...)

Australian Competition Authority The Australian Competition and Consumer Commission Chairman welcomes the review of Australian competition law in order to better regulate supermarket issues and enhance consumer welfare

88

ACCC Chairman addresses supermarket debate* Australian Competition and Consumer Commission Chairman Rod Sims today provided a regulator’s perspective on the debate surrounding the market share held by the two major supermarket chains. Mr Sims spoke at the Australian Food and Grocery Council’s (...)

Australian Competition Authority The Australian Competition Authority reauthorises doctors’ associations to continue to collectively negotiate with state and territory health departments (RDAA)

84

ACCC reauthorises Rural Doctors to collectively negotiate* The Australian Competition and Consumer Commission has allowed the Rural Doctors Association of Australia (RDAA) and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of (...)

Australian Competition Authority The Australian Competition and Consumer Commission issues a draft determination proposing to re-authorise collective bargaining arrangements on behalf of visiting medical officers in public hospitals (NSW)

86

ACCC proposes to reauthorise AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission 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) (...)

Australian Competition Authority The Australian Competition and Consumer Commission and Australian Energy Regulator publish their annual report on competition in the energy sector and consumer choice

80

ACCC and AER issue joint 2012-13 annual report* The Australian Competition and Consumer Commission and Australian Energy Regulator have published their annual report for 2012-13. ACCC Chairman Rod Sims highlighted the notable achievements, including strong court judgments and penalties for (...)

Australian Competition Authority The Australian Competition and Consumer Commission allows the joint renegotiation of existing coal supply arrangements (Queensland power and Anglo Coal)

58

ACCC allows electricity generators to jointly negotiate* The Australian Competition and Consumer Commission has granted authorisation to allow Queensland power generators CS Energy, Callide Energy, InterGen and Callide Power Management (the applicants) to jointly renegotiate existing coal (...)

Australian Competition Authority The Australian Competition and Consumer Commission grants interim authorization to a dealer group active in the stationary and office supply to collectively bargain with its suppliers (Office Choice)

68

ACCC grants interim approval to Office Choice members and franchises* “The Australian Competition and Consumer Commission” has granted interim authorisation to Office Choice Limited, Office Brands Limited, Office Products Depot Limited, and the members and franchisees of these companies (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to allow the national music copyright collection society to continue its arrangement for the acquisition and licensing of performing rights subject to a range of conditions (APRA)

433

ACCC proposes changes to performing rights arrangement* The Australian Competition and Consumer Commission proposes to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music subject to a range of (...)

Australian Competition Authority The Australian Competition and Consumer Commission proposes to allow coordination among credit card issuers and payment processing networks for the removal of signatures as a method of authentication (Visa, MasterCard & American Express)

75

ACCC proposes to grant authorisation to allow coordination in relation to the use of PINs* The Australian Competition and Consumer Commission is proposing to allow Visa and MasterCard, together with American Express and participating financial institutions, to coordinate in relation to the (...)

Australian Competition Authority The Australian Federal Court establishes that a defendant has been directly knowingly involved in an anticompetitive arrangements and imposes criminal sanctions (Chaste Corporation)

165

Peter Foster sentenced for contempt of court* The Federal Court has sentenced Peter Foster to three years imprisonment, with 18 months to be served and 18 months suspended, for contempt of court. Justice Logan also placed conditions on Mr Foster’s involvement in the weight loss, cosmetic or (...)

Australian Competition Authority The Australian Federal Court decides that the arrangement to buy large volumes of fly-ash was in violation of section 45 which outlaws anticompetitive agreements (Cement Australia)

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Federal Court makes interim declarations of anticompetitive agreements* The Federal Court has made interim declarations in the matter of ACCC v Cement Australia Pty Ltd & Ors, which involved numerous alleged breaches of the competition provisions of the then Trade Practices Act 1974 (the (...)

Australian Competition Authority The Australian Federal Court in Adelaide orders a penalty of $1.35 million against Japanese cable supplier in respect of bid rigging and price fixing conduct (Viscas)

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Japanese cable supplier to pay $1.35 million penalty for cartel conduct* The Federal Court in Adelaide has ordered a penalty of $1.35 million against Japanese cable supplier Viscas Corporation in respect of bid rigging and price fixing conduct in proceedings brought by the Australian (...)

Australian Competition Authority The Australian Federal Court in Melbourne orders four foreign based suppliers of marine hose to pay penalties exceeding $8.24 million for engaging in cartel conduct (Marine hose)

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The Federal Court in Melbourne has ordered four foreign based suppliers of marine hose to pay penalties exceeding $8.24 million for engaging in cartel conduct. In June 2009, the Australian Competition and Consumer Commission instituted court proceedings alleging that Dunlop Oil & Marine, (...)

Australian Competition Authority The Australian Federal Court issues an order by consent against American-based company for cartel behaviour in the international military defence training systems industry (DRS C3 Systems )

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$1 Million penalty for defence cartel* The Federal Court has made orders by consent against American-based company, DRS C3 Systems for cartel behaviour in the international military defence training systems industry. As part of the resolution of the proceedings brought by the Australian (...)

Australian Competition Authority The Australian Federal Court of Sidney imposes fines of $485,000 for cartel behaviour involving price fixing and boycotts on the scrap metal market (NSW)

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$485,000 penalties for NSW scrap metal bid-rigging cartel* Five companies and nine individuals have been penalised a total of $485,000 for cartel behaviour involving price fixing and boycotts in the NSW scrap metal market in orders handed down today by Justice Annabel Bennett of the Federal (...)

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