Search results - Concurrences

20 Mar 2020

The Australian Competition Authority allows banks to cooperate on a small business relief package in the face of COVID-19 outbreak

Australian Competition Authority • Preview

Australian Banking Association small business relief package* The ACCC has provided urgent interim authorisation to allow the Australian Banking Association (ABA) and banks to work together to implement a small business relief package. The package will allow for the deferral of principal and (...)

25 Feb 2020

The Australian Competition Authority announces its compliance and enforcement policy and priorities for 2020

Georgina Foster, Helen Joyce, Lynsey Edgar • March 2020

Beliefs in markets and consumer protection guide the ACCC’s investigations and enforcement actions At an event hosted by the Committee for Economic Development of Australia in Sydney on Tuesday, Rod Sims, Chairman of the Australian Competition and Consumer Commission (ACCC), announced the (...)

21 Feb 2020

The Australian Competition Authority clears a proposed merger in the raw milk market (Lion Dairy & Drinks / Mengniu)

Australian Competition Authority • March 2020

Mengniu deal to buy Lion Dairy & Drinks not opposed* The ACCC will not oppose the proposed acquisition of Lion Dairy & Drinks Pty Ltd (Lion D&D) by China Mengniu Dairy Company Ltd (Mengniu) after closely considering the potential impact on competition. Mengniu is proposing to (...)

20 Feb 2020

The Australian Competition Authority clears a proposed merger in the printing paper market (Direct Paper / Spicers)

Australian Competition Authority • March 2020

Spicers’ Direct Paper acquisition not opposed* The ACCC will not oppose the proposed acquisition of Direct Paper by Spicers Limited, finding that alternative suppliers of commercial printing paper and direct supply arrangements between printers and paper mills will continue to provide strong (...)

1 Feb 2020

Antitrust, anti-competition: Lessons from economics

Darren Brady Nelson • N° 1-2020

Textbook economics provides the foundation for the legislative creation of, judicial interpretation about, and public support for, antitrust. The inbuilt bias against markets is already apparent by the wording that suggests markets have “forces” and “power”; monopolies are “natural”; and that (...)

6 Dec 2019

The Australian Competition Authority launches its first enforcement proceedings under the new ’effects test’ prohibition on misuse of market power (Tasmanian Ports)

Patrick Clark, Tomas Kemmery, Liza Carver • March 2020

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 (...)

1 Nov 2019

Gun Jumping in Merger Control. A Jurisdictional Guide, Catriona HATTON, Yves COMTOIS and Andrea HAMILTON (dir.), foreword by Richard WHISH

Richard Whish • N° 4-2019 • pp. 234-235

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

6 Sep 2019

Gun Jumping in Merger Control: A Jurisdictional Guide AUSTRALIA

AUSTRALIA Paul Schoff and Miranda Noble (MinterEllison) Gun Jumping In Merger Control 37 Part 1: Merger Control and the “Standstill Obligation” Please identify the relevant merger control legislation in your jurisdiction. Please provide a link to the relevant legislation (if possible, in English) (...)

2 Sep 2019

The Australian Competition Authority publishes its final report on the inquiry into the supply of foreign currency conversion services

Jennifer Catterson • September 2019

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 (...)

13 Aug 2019

The Australian Federal Court imposes a record fine on a shipping company guilty of cartel conduct due to the length, serious nature, and economic importance of the market (Kawasaki Kisen Kaisha)

Damien Devnarain • August 2019

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 (...)

8 Aug 2019

The Australian Competition Authority starts an inquiry focusing on the practices and roles of investments funds in the water trading market (Murray-Darling Basin)

Sarah Benbow • August 2019

The Australian Competition and Consumer Commission (ACCC) has recently commenced an inquiry into the water trading market in the Murray-Darling Basin. IN BRIEF The ACCC has commenced an inquiry into the tradeable water rights market in the Murray-Darling Basin at the direction of the Federal (...)

1 Aug 2019

The Australian Parliament passes a repeal of subsection 51(3) of the Competition and Consumer Act 2010

Lisa Taliadoros, Prudence Smith • August 2019

Both houses of the Australian Parliament have passed a repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) ("CCA"). Following the repeal, owners of intellectual property rights in Australia must comply with certain competition rules from which they previously enjoyed an (...)

26 Jul 2019

The Australian Competition Authority publishes its final report on the challenges and opportunities in the digital platforms market

Sarah Benbow • July 2019

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 (...)

27 Jun 2019

The Australian Competition Authority issues an appeal against the Federal Court’s decision which try to dismiss the Competition authority proceeding in a acquisition (Pacific National / Aurizon)

Liza Carver, Matthew Bull, Patrick Gay, Sarah Benbow • June 2019

On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to resolve (...)

31 May 2019

The Global Antitrust Economics Conference

Luis Cabral, Lawrence J. White, Noah Joshua Phillips, Roger Noll, Andrew Zimbalist, Brad Humphreys, Rodney Fort, Michael D. Hausfeld, James A. Keyte, Gail Levine, Timothy J. Brennan, Gregory Rosston, Dennis W. Carlton, John D. Harkrider, Cristina Caffarra, Katja Seim, Paul Csiszar, David Gilo, George A. Rozanski, Ingrid Vandenborre, Jack E. Pace, Robert Willig, Samantha Knox, Martin d’Halluin, David A. Higbee, Boris Bershteyn, Harry First, Hal Varian

Annual Concurrences conference at NYU Stern School of Business with the support of Axinn, Bates White, CRA, Hausfeld, Qualcomm, Shearman & Sterling, Skadden, White & Case (Panel Sponsors) and MLex (Media Sponsor).

24 mai 2019

Antitrust in Asia : ASEAN, China, Hong Kong, Korea, Japan, Australia...

Frédéric Jenny, Sandra Marco Colino, Knut Fournier, Sharon Henrick, Toh Han Li, Aya Kobori, Elizabeth Xiao-Ru Wang, Carter Chim, Lilla Csorgo, Yong Lim, Mary Beth Savio, Richard Blewett, Richard Rinkema, Yan Yu, Deborah Healey, Pierre Horna, Brent Snyder, Stephen Crosswell, Samuel Chan, Sadaaki Suwazono, Winnie Tam

This fifth edition of the Antitrust in Asia Conference was organized by Concurrences with the support of The Chinese University of Hong Kong and the Hong Kong Competition Association, in partnership with Baker McKenzie, CRA, Clifford Chance, Compass Lexecon, King & Wood Mallesons, (...)

1 May 2019

Antitrust in the Financial Sector: Hot Issues & Global Perspectives

Richard S. Taffet, James A. Keyte, Makan Delrahim, Rainer Schwabe, Nicole Kar, Elai Katz, Graeme Brooks, Scott Hemphill, Michael Cragg, Phillip Gillespie, Jon R. Roellke, Jonathan R. Lutinski, Dean Hoffman, Scott Tucker

Annual Concurrences + Morgan Lewis conference with the support of The Brattle Group, Cornerstone Research, and Linklaters.

1^er mai 2019

Abusive Practices in Competition Law, Fabiana DI PORTO et Rupprecht PODSZUN (Editeurs)

Stéphane Rodrigues • N° 2-2019 • p. 264

Cette rubrique recense et commente les ouvrages et autres publications en droit de la concurrence, droit & économie de la concurrence et en droit de la régulation. Une telle recension ne peut par nature être exhaustive et se limite donc à présenter quelques publications récentes dans ces (...)

1^er mai 2019

Standing up for Convergence and Relevance in Antitrust, Frédéric Jenny Liber Amicorum

Catherine Prieto • N° 2-2019 • pp. 262-263

Cette rubrique recense et commente les ouvrages et autres publications en droit de la concurrence, droit & économie de la concurrence et en droit de la régulation. Une telle recension ne peut par nature être exhaustive et se limite donc à présenter quelques publications récentes dans ces (...)

13 Feb 2019

The Australian Federal Court orders an undertaking to pay $1.05M for cartel conduct relating to its asset sale agreement (Cryosite / ACCC)

Chris Boyd • February 2019

GUN-JUMPING IN VOLUNTARY MERGER REGIMES: THE RISKS KEEPING GLOBAL TRANSACTIONS IN SUSPENSE* Much has been written of the heightened risk of gun-jumping enforcement by competition regulators overseeing mandatory suspensory merger regimes. This article will examine why merger parties and their (...)

13 Feb 2019

The Australian Federal Court imposes a fines of $1,05m for for engaging in ‘gun jumping’ cartel conduct in a asset sale agreement in the clinical market (Cryosite / Cell Care)

Matthew Bull, Liza Carver, Patrick Gay • February 2019

On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their (...)

1 Jan 2019

Frédéric Jenny Liber Amicorum Why Economists Should Design and Enforce Competition Laws in Developing Countries

Robert Ian McEwin

171 Why Economists Should Design and Enforce Competition Laws in Developing Countries iAn M cewin * Competition Consulting Asia Abstract Frédéric Jenny has made an outstanding contribution to the economi\ c understanding of competition laws around the world for more than 25 years. But, at the\ (...)

1 Jan 2019

Frédéric Jenny Liber Amicorum OECD-Inspired Reform- The Case of Corporate Fines for Cartel Conduct

Caron Beaton-Wells, Julie Clarke

221 OECD-Inspired Reform: The Case of Corporate Fines for Cartel Conduct cAron b eAton -w ellS * Julie c lArKe ** University of Melbourne Law School Abstract Under Professor Jenny’s astute leadership, the OECD’s Competition Division has made a major contribution to a worldwide discourse regarding (...)

1 Jan 2019

Frédéric Jenny Liber Amicorum Should Competition Authorities Perform a Consumer Protection Role?

Allan Fels

243 Should Competition Authorities Perform a Consumer Protection Role? AllAn FelS Ao * University of Melbourne, Monash University and Oxford University Abstract This paper discusses whether competition authorities should perform a consumer protection role. The paper proceeds by examining the (...)

1 Nov 2018

Antitrust regimes in the Pacific region

Stéphane Retterer, Jacques Merot, Rod Sims, Aurélie Zoude-Le-Berre, Deborah Healey, Tehono Marchal, Robin Simpson, Antonino Troianiello, Hervé Lallemant • N° 4-2018 • pp. 19-54

This On-Topic considers the competition regimes of the Pacific jurisdictions of Australia, French Polynesia and New Caledonia in the context of their respective market conditions. It seeks to determine whether there is uniformity in approach in the region, but finds that each jurisdiction has (...)

19 Oct 2018

The Australian High Court dismisses the Competition Authority leave to appeal against a first instance decision finding no anti-competitive exclusive dealing in its sales and distribution in the pharmaceutical sector (Pfizer)

Emma Iles, Sue Gilchrist • October 2018

We have previously published an update on the Full Court decision in ACCC v Pfizer, where the Full Court dismissed an appeal by the ACCC, upholding a first instance decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing in its sales and (...)

18 Oct 2018

The Australian Standing Committee on Economics publishes a report on the Australian Competition and Consumer Commission activities

Peeta Hutson • October 2018

THE ACCC’S ANNUAL REPORT: THE YEAR IN REVIEW* On 15 October 2018, the Standing Committee on Economics (Standing Committee) published a report on the Australian Competition and Consumer Commission (ACCC), which details the ACCC’s performance and operations based on the ACCC’s 2017 Annual Report. (...)

23 Aug 2018

The Australian Parliament aligns the maximum penalties under the Australian Consumer Law with the maximum penalties for breaches of the competition provisions of the Competition and Consumer Act

Michael Evans, Paula Mucha • August 2018

NEW FINANCIAL YEAR, NEW PENALTIES – GREEN LIGHT FOR INCREASED ACL PENALTIES* On 23 August 2018, the Australian Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Cth) (Bill). The Bill aligns the maximum penalties under the Australian Consumer Law (ACL) with the (...)

13 Aug 2018

The Australian Federal Court fines three distributors of polycarbonate roof sheeting for exclusive dealing conduct (Palram / Ampelite / EGR)

Paula Mucha • August 2018

Sweat deal for the ACCC* In the Australian Competition and Consumer Commission v Oakmoore Pty Ltd cases,[1] the Federal Court declared, by consent, that Ampelite Australia Pty Ltd (Ampelite), Palram Australia Pty Ltd (Palram) and Oakmoore Pty Ltd (trading as EGR) had engaged in exclusive (...)

25 May 2018

The Australian Federal Court dismisses an appeal by the Competition Authority against a judgement establishing market power in the pharmaceutical sector (Pfizer)

Patrick Sands, Sarah Benbow, Patrick Gay • May 2018

The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited (...)

14 Mar 2018

The Australian Competition and Consumer Commission announces product safety priorities for 2018

Bruce McDonald, Prudence Smith • March 2018

The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards the introduction of a General Safety provision within the Australian Consumer Law (ACL). A recent review by the ACL found that it (...)

1 Feb 2018

Air Transport Liberalization. A Critical Assessment, Matthias FINGER and Kenneth BUTTON (dir.)

Stéphane Rodrigues • N° 1-2018 • p. 246

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

13 Dec 2017

The Australian Supreme Court of Victoria approves an $11 billion merger in the entertainment sector (Tabcorp / Tatts)

Rodd Levy, Grant Marjoribanks, Patrick Gay • December 2017

On 13 December 2017, the $11 billion merger between Tabcorp Holdings Ltd (Tabcorp) and Tatts Group Ltd (Tatts) became effective upon Supreme Court approval. Final implementation is scheduled to occur today in what has been one of the longest-running transactions in recent Australian corporate (...)

4 Dec 2017

The Australian Competition Authority launches an inquiry into digital platforms

Australian Competition Authority • December 2017

ACCC commences inquiry into digital platforms* The Federal Government has today formally directed the ACCC to commence an inquiry into digital platform providers such as Facebook and Google. The ACCC’s inquiry will look at the effect that digital search engines, social media platforms and (...)

1 Dec 2017

The Australian Competition Authority does not seek judicial review of the National Competition Tribunal’s authorisation of the merger (Tabcorp / Tatts)

Merryn Quayle, Grant Marjoribanks, Patrick Gay • December 2017

CrownBet and the Australian Competition and Consumer Commission (ACCC) have confirmed that they will not be seeking judicial review of the Australian Competition Tribunal’s authorisation of Tabcorp Holdings Limited’s (Tabcorp’s) acquisition of Tatts Group Limited (Tatts), paving the way for the (...)

17 Nov 2017

The Australian Competition Tribunal publishes its reasons for granting the merger authorisation in the entertainment sector (Tabcorp / Tatts)

Grant Marjoribanks, Patrick Gay, Merryn Quayle • November 2017

The Australian Competition Tribunal has now published its reasons for granting authorisation to Tabcorp Holdings Limited to acquire Tatts (see our original legal briefing here). Herbert Smith Freehills acted for Tabcorp in its successful merger authorisation application. To authorise the (...)

18 Oct 2017

The Australian House of Representative and Senate make amendments to the Competition and Consumer Act

Patrick Gay • October 2017

Significant amendments have been made to the Competition and Consumer Act 2010 (Cth) with the passage of the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 (Cth) today. While these amendments have been long in the making and follow the recommendations of the Harper (...)

15 Aug 2017

The Australian Senate passes a bill introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010

Patrick Gay • August 2018

The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was passed by both houses of parliament on 15 August 2017, introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010. The changes to section 46 are significant, (...)

11 Aug 2017

The Australian Federal Court imposes a record penalty on a real estate company for false and misleading representations (We Buy Houses)

Edward Slattery • August 2017

Rotten Otton hit with highest ever ACL penalty* Following investigative action taken by the ACCC in 2015, the Federal Court has, yet again, broken its own record for penalties imposed under the ACL. In a warning to other companies offering wealth creation strategies that are too good to be (...)

20 Jun 2017

The Australian Competition Authority gives undertaking the green light to proceed with its $11 bn merger after the granting authorisation to acquire shares as set out in their merger implementation deed (Tabcorp / Tatts)

Patrick Gay, Grant Marjoribanks • June 2017

On Tuesday the Australian Competition Tribunal gave Tabcorp Holdings Limited (Tabcorp), represented by Herbert Smith Freehills, the green light to proceed with its $11 billion merger with Tatts after the granting authorisation to acquire shares in Tatts Group Limited as set out in their Merger (...)

14 Jun 2017

The High Court of Australia unanimously dismisses the appeals by each airline due to their entering into a price fixing agreement (Air New Zealand / ACCC)

Patrick Gay • June 2017

On 14 June 2017, the High Court of Australia unanimously dismissed the appeals by each airline in Air New Zealand Ltd v Australian Competition and Consumer Commission; PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission [2017] HCA 21. The High Court found that price fixing (...)

16 Dec 2016

The Australian Competition Authority wins an appeal when finding that an undertaking attempted to induce price-fixing arrangements with airlines despite being their agent (Flight Centre)

Liza Carver • December 2016

The High Court has upheld the ACCC’s appeal in the Flight Centre case, finding that Flight Centre attempted to induce price-fixing arrangements with airlines despite being their agent. This decision has significant ramifications for industries that utilise agency distribution models. The case (...)

5 Sep 2016

The Australian government proposes a competition law amendment enabling notification for resale price maintenance

Nick Taylor, Prudence Smith • September 2016

Australia experiments with a "third way" on resale price restrictions* Resale price maintenance (RPM) occurs when a manufacture or distributor and a wholesaler prevents a retail or distributor from selling below a specified price Since the US Federal Courts decided Leegin in 2007 there has (...)

5 Sep 2016

The Australian government publishes exposure draft with key changes to unilateral conduct and concerted conduct

Rob Nicholls • September 2016

Competition law reform in Australia* Professor Ian Harper chaired a “root and branch” inquiry into competition law and policy in Australia in 2015. The Harper Review made a number of recommendations and the government welcomed most of these. In August 2016, Treasury issued an exposure draft of (...)

1 Jun 2016

Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition Part IV: International Antitrust Enforcement and Economic Development
The Emergence of Due Process following the Growth of International Antitrust Enforcement

Mark Gidley

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 137 The Emergence of Due Process following the Growth of International Antitrust Enforcement J. M ARK GIDLEY * mgidley@whitecase.com Partner and Chair, Global Competition Group, White & Case Former Acting Assistant Attorney (...)

31 May 2016

The Australian Competition Tribunal overturns the Competition Authority and gives coal exporter the right to access shipping port (Glencore Coal / Port of Newcastle)

Richard Robinson, Matthew Bull • May 2016

Glencore Coal Pty Ltd (Glencore) has been successful in its bid to have the shipping channel at the Port of Newcastle (Port) declared under the national access regime in Part IIIA of the Competition and Consumer Act 2010 (Cth) (NAR). The Australian Competition Tribunal (Tribunal) followed the (...)

1 May 2016

Australia: Are proposed reforms a step in the right direction?

Dave Poddar, Mark Grime • N° 2-2016 • pp. 250-258

Australia’s competition regime has undergone few reforms that could be characterised as being as substantial as those proposed by the Competition Policy Review. The Competition Policy Review’s Final Report was released on 31 March 2015, and suggested a number of sweeping reforms to Australia’s (...)

22 Apr 2016

The Australian Competition Authority concludes inquiry into gas industry and issues recommendations for the national gas markets, including new test for market power

Philip Aitken, Tessa Spence • April 2016

Gas producers and pipeline operators have had to operate in an industry undergoing substantial change in recent years. In relation to gas transportation, the Australian Competition and Consumer Commission (ACCC) found that most transportation pipeline operators have responded in a dynamic way (...)

22 Apr 2016

The Australian Competition Authority concludes inquiry into gas industry and recommends increasing sources of supply and improving transparency

Matthew Bull, David Vallance • April 2016

The Australian Competition and Consumer Comission (ACCC) found that the future east coast gas supply outlook was uncertain and made a number of recommendations to facilitate new gas supply (such as no blanket moratoria) and improve transparency in relation to reserves, resources and pricing (...)

21 Mar 2016

The Australian Federal Court rules in favor of Competition Authority’s appeal against an air cargo provider and clarifies when a market is "in Australia" (P T Garuda Indonesia)

David Vallance • March 2016

On 21 March 2016, the Full Court of the Federal Court allowed the ACCC’s appeal by a 2:1 majority in Australian Competition and Consumer Commission v P T Garuda Indonesia Ltd [2016] FCAFC 42. This case concerned allegations that P.T. Garuda Indonesia Ltd and Air New Zealand Ltd were party to (...)

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