Search results - Concurrences

22 Dec 2020 B

The Australian Competition Authority rejects big tech company’s behavioural remedies for wellness and healthcare manufacturer acquisition (Google / Fitbit)

Australian Competition Authority • January 2021

ACCC rejects Google behavioural undertakings for Fitbit acquisition* The ACCC has announced that it will not accept a long-term behavioural undertaking offered by Google that sought to address competition concerns about its proposed acquisition of wearables supplier and manufacturer Fitbit. (...)

18 Dec 2020 B

The Australian Competition Authority proposes to authorise national dairy farmers association licensing scheme (Fair Go Dairy)

Australian Competition Authority • January 2021

ACCC proposes to authorise ’Fair Go Dairy’ licensing scheme* The ACCC is proposing to authorise the Queensland Dairyfarmers’ Organisation Limited’s (QDO) Fair Go Dairy licensing scheme for five years. Under the scheme, QDO will grant processors a licence to use the ‘Fair Go Dairy’ logo on (...)

18 Dec 2020 B

The Australian Competition Authority allows Japanese vehicle manufacturer’s exclusive dealing notification relating to its 10-year conditional warranty to stand (Mitsubishi)

Australian Competition Authority • January 2021

Mitsubishi’s 10-year conditional warranty allowed to stand* The ACCC does not object to an exclusive dealing notification lodged by Mitsubishi Motors Australia Limited (Mitsubishi) relating to its new 10-year or 200,000 km extended warranty. The warranty is conditional on the vehicle being (...)

17 Dec 2020 B

Foreign investment: an overview of EU and national case law

Christian Ahlborn, Christoph Barth, David-Julien dos Santos Goncalves • Foreign Investment

This foreword provides an overview of the developments of foreign investment (“FI”) regimes globally during 2020 and, more specifically, highlights the trends over the year in the area of FI. Historically, the European Union (“EU”) has had one of the most open investment regimes in the world and (...)

17 Dec 2020 B

The Australian Competition Authority does not oppose building products manufacturer’s proposed acquisition of brick manufacturer (BCG / Midland Brick)

Australian Competition Authority • January 2021

BGC’s proposed acquisition of Midland Brick not opposed* The ACCC will not oppose BGC’s proposed acquisition of Midland Brick. BGC and Midland Brick both manufacture and supply clay bricks in Western Australia, along with other clay and masonry building products. BGC is also a residential and (...)

15 Dec 2020 B

The Australian Competition Authority outlines preliminary competition concerns over supermarket chain’s acquisition of food service distributor (Woolworths / PFD)

Australian Competition Authority • January 2021

Preliminary competition concerns over Woolworths’ PFD acquisition* The ACCC has outlined preliminary competition concerns with Woolworths’ (ASX: WOW) proposal to acquire 65 per cent of PFD Food Services. PFD is a wholesale food distributor, purchasing a wide range of food products from (...)

14 Dec 2020 B

The Australian Competition Authority does not oppose a financial services company’s acquisition of wealth management firm (IOOF / MLC Wealth Management)

Australian Competition Authority • January 2021

IOOF’s acquisition of MLC Wealth Management not opposed* The ACCC will not oppose IOOF’s (ASX:IFL) proposed acquisition of MLC Wealth Management, owned by National Australia Bank (ASX:NAB). IOOF and MLC both supply wealth management solutions in Australia. They compete in the supply of retail (...)

10 Dec 2020 B

The Australian Competition Authority releases perishable agricultural goods inquiry report recommending the introduction of an unfair trading practices prohibition

Australian Competition Authority • January 2021

New fair trading law needed to enhance Australia’s perishable agricultural markets* Australia’s perishable agricultural goods markets need a new fair trading law to address harmful practices arising from bargaining power imbalances that are not covered by current laws, the ACCC has found. The (...)

8 Dec 2020 B

The Australian NSW Local Court in Sydney refers several banks and executives to the Federal Court for trial on criminal cartel charges (ANZ / Citigroup / Deutsche Bank)

Australian Competition Authority • January 2021

ANZ, Citigroup and Deutsche Bank committed for trial in Federal Court on criminal cartel charges* Australia and New Zealand Banking Group Ltd (ANZ), Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG (Deutsche Bank) and six senior banking executives have today all (...)

4 Dec 2020 B

The Australian Competition Authority files court action against a construction company and construction trade union over alleged boycott (Hutchinson / CFMMEU)

Australian Competition Authority • January 2021

Court action against Hutchinson and CFMMEU over alleged boycott* The ACCC has instituted Federal Court civil proceedings against construction company J Hutchinson Pty Ltd (Hutchinson) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) over alleged boycott conduct at a (...)

1 Dec 2020 B

The Australian Competition Authority charges a pharmaceutical ingredient company and its former director for leading a criminal cartel (Alkaloids / Christopher Kenneth Joyce)

Australian Competition Authority • January 2021

Criminal cartel charges laid against pharmaceutical ingredient company and its former export manager.* Alkaloids of Australia Pty Ltd and its former export manager, Christopher Kenneth Joyce, have each been charged with 33 criminal cartel offences, contrary to the Competition and Consumer Act (...)

30 Nov 2020 B

The Australian Competition Authority begins consultation on the proposed acquisition of health and wellness undertaking by Big tech company (Google / Fitbit)

Australian Competition Authority • November 2020

Consultation begins on proposed Google Fitbit undertaking* The ACCC is seeking views on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google in relation to its proposed acquisition of Fitbit, Inc (Fitbit). “Our decision to begin consultation should not be (...)

20 Nov 2020 B

The Australian Competition Authority alleges that an ice-cream supplier infringed competition law by engaging in exclusive dealing (Peters Ice Cream)

Australian Competition Authority • November 2020

Peters allegedly hindered or prevented competition in ice-cream supply* The ACCC has instituted Federal Court proceedings against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters), alleging it engaged in conduct which hindered or prevented competition for the supply of (...)

19 Nov 2020 B

The Australian Competition Authority authorises cooperation to support regional airline services due to the COVID-19 pandemic (Virgin Australia / Alliance Airlines)

Australian Competition Authority • November 2020

Virgin Australia and Alliance Airlines authorised to cooperate to support regional airline services* The ACCC has today granted interim authorisation to Virgin Australia and Alliance Airlines allowing them to cooperate on 41 regional routes and two short-haul international routes. The ACCC’s (...)

13 Nov 2020 B

The Australian Federal Court orders the energy regulator to enforce a pecuniary penalty for breach of reporting obligations (Australian Energy Regulator / AGL Sales)

Prudence Smith, Matthew Bull, Adam Conway, Darren Murphy, Andrew Smith • November 2020

Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court ordered by consent a $1.3 million penalty against AGL (one of (...)

11 Nov 2020 C

Antitrust in Asia Webinar #3: M&A’s: Asian Mergers Hotchpotch

Krystal Uy-Sia, Morten Toft, Kirstie Nicholson, Sharon Henrick, Stephen Crosswell, Sandra Marco Colino

This webinar was organized by Concurrences, in partnership with Hong Kong Competition Association, Allen & Overy, Baker McKenzie, Charles River Associates, Compass Lexecon, King & Wood Mallesons, Norton Rose Fulbright, Qualcomm, and White & Case with Krystal Uy-Sia (Philippine (...)

9 Nov 2020 C

Antitrust in Asia Webinar #1: Due Process Investigations: What is Fair Play?

Aik Kor Sia, Adrian Emch, Mark J. Gidley, Wendy Ng, Harikumar Pillay, Alvaro Ramos, Marc Waha

This webinar was organized by Concurrences, in partnership with Hong Kong Competition Association, Allen & Overy, Baker McKenzie, Charles River Associates, Compass Lexecon, King & Wood Mallesons, Norton Rose Fulbright, Qualcomm, and White & Case with Sia Aik Kor (Competition and (...)

6 Nov 2020 B

The Australian Competition Authority Chairman announces in his annual address that the Authority is closely watching global antitrust efforts focusing on the major digital platforms

Australian Competition Authority • November 2020

Global focus on competition and digital platforms* The ACCC is closely watching global anti-trust efforts focusing on major digital platforms, including the US Department of Justice’s recent case against Google and proposed new competition laws in Europe, ACCC Chair Rod Sims said today. In his (...)

5 Nov 2020 B

The Australian Competition Authority investigates acquisition of shares between two financial comparison sites (iSelect / Innovation Holdings)

Australian Competition Authority • November 2020

ACCC to investigate the acquisition of iSelect shares by Compare the Market’s owners* The ACCC is investigating acquisitions by Innovation Holdings Australia Pty Ltd. that would provide it with approximately 35 per cent of the shares of iSelect Limited (ASX: ISU). Innovation Holdings (through (...)

4 Nov 2020 B

The Australian Competition Authority closes investigation into the merger of commercial laundry services firms after the firms withdraw from the merger (South Pacific Laundry / Spotless Laundries)

Australian Competition Authority • November 2020

South Pacific Laundry withdraws bid for Spotless Laundries* South Pacific Laundry (SPL) has withdrawn its request for merger clearance of its proposed acquisition of Spotless Laundries after it decided not to proceed with the transaction. Spotless Laundries is part of Spotless Group Holdings (...)

1 Nov 2020 R

Competition and the pandemic

Rod Sims • N° 4-2020

Extraordinary times sometimes require extraordinary responses. The authorisation provisions in Australia’s competition law have enabled the ACCC to react quickly and flexibly to this dreadful pandemic and allow some competitors to cooperate temporarily to address more effectively the economic (...)

23 Oct 2020 B

The Australian Competition Authority issues interim report on its first inquiry of digital services platforms which finds a surge in online messaging use during the COVID-19 pandemic as big digital platforms continue to expand

Australian Competition Authority • October 2020

Surge in online messaging use as big digital platforms continue to expand* Australians are increasingly turning to online private messaging services to keep in touch with each other, and are overwhelmingly choosing services provided by Facebook and Apple. The ACCC’s first Digital Platform (...)

23 Oct 2020 B

The Australian Competition Authority announces that prices for wholesale telecom transmission services are set to fall following its decision to reduce the regulated prices for the declared domestic transmission capacity service

Australian Competition Authority • October 2020

Prices for regulated transmission services set to fall* The price of wholesale transmission services in many regional and rural parts of Australia will fall substantially following the ACCC’s decision to reduce the regulated prices for the declared Domestic Transmission Capacity Service (DTCS). (...)

22 Oct 2020 B

The Australian Competition Authority closes investigation into the acquisition of garment laundering business after the firms withdraw from the merger (Alsco / Spotless Garments)

Australian Competition Authority • October 2020

Alsco withdraws bid for Spotless Garments* Alsco Pty Ltd has withdrawn its request for informal merger clearance by the ACCC of its proposed acquisition of Spotless Laundries’ garment laundering business (Spotless Garments). Spotless Garments is part of Spotless Group Holdings Limited which is (...)

22 Oct 2020 B

The Australian Competition Authority announces its first class exemption ever aimed at fuel retailers to collectively negotiate with wholesalers

Australian Competition Authority • October 2020

Class exemption will enable small businesses to collectively bargain* An ACCC class exemption due to commence in early 2021 will allow small businesses, franchisees and fuel retailers to collectively negotiate with their suppliers and processors, franchisor or fuel wholesaler respectively, (...)

22 Oct 2020 B

The Australian Competition Authority institutes proceedings in the Federal Court against printing company for unfair contract terms for small businesses (Fuji Xerox)

Australian Competition Authority • October 2020

Fuji Xerox in court over alleged unfair contract terms* The ACCC has instituted proceedings in the Federal Court against printing company Fuji Xerox Australia Pty Ltd and a related company (together, Fuji), alleging that in total nine types of Fuji’s standard form small business contracts (...)

21 Oct 2020 B

The Australian Competition Authority Chairman confirms plans to change merger laws

Thomas Jones, Tom Macken • October 2020

In a recent speech provided to the Law Council of Australia Business Law Section’s Competition and Consumer Workshop, the Chairman of the Australian Competition and Consumer Commission (ACCC), Rod Sims, confirmed that the ACCC will be putting forward ideas for changes to Australia’s merger laws (...)

19 Oct 2020 B

The Australian Competition Authority commences civil proceedings in the Federal Court against overhead crane company over alleged market sharing cartel (NQCranes)

Australian Competition Authority • October 2020

Action over alleged market sharing cartel in the overhead crane industry* The ACCC has today commenced civil proceedings in the Federal Court against overhead crane company NQCranes Pty Ltd, alleging it engaged in cartel conduct in contravention of the Competition and Consumer Act. The ACCC (...)

14 Oct 2020 B

The Australian Competition Authority institutes court proceedings against wholesale distributor of cycling and sporting products for alleged resale price maintenance (FE Sports)

Australian Competition Authority • October 2020

FE Sports allegedly engaged in resale price maintenance* The ACCC has instituted proceedings in the Federal Court against B & K Holdings (QLD) Pty Ltd, trading as FE Sports, alleging that it engaged in resale price maintenance for the wholesale supply of cycling and sporting products in (...)

14 Oct 2020 B

The Australian Competition Authority commences proceedings against a wholesale distributor of cycling and sporting products for resale price maintenance (FE Sports)

Matthew Bull, Michelle K. Fischer • October 2020

A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and Consumer Commission ("ACCC") has commenced proceedings against FE Sports, (...)

8 Oct 2020 B

The Australian Competition Authority finds preliminary competition concerns with a proposed acquisition of a garment laundering business (Alsco / Spotless Garments)

Australian Competition Authority • October 2020

Alsco’s Spotless Garments acquisition raises preliminary competition concerns* The ACCC has preliminary competition concerns about the proposed acquisition by Alsco Pty Ltd of Spotless Laundries’ garment laundering business (Spotless Garments), which is part of Spotless Group Holdings Limited. (...)

8 Oct 2020 B

The Australian Federal Court fines a price comparison website for making false or misleading representations when comparing and selling electricity plans (iSelect)

Ross Zaurrini • October 2020

On 8 October 2020, the Federal Court of Australia ordered iSelect Limited ("iSelect") to pay a pecuniary penalty of AUD 8.5 million for making false or misleading representations ‎on its website when comparing and selling electricity plans, in contravention of the Australian Consumer Law (...)

6 Oct 2020 B

The Australian Competition Authority proposes an exemption for grain handler at two port terminals (Viterra)

Australian Competition Authority • October 2020

ACCC proposes exemption for two Viterra grain port terminals* The ACCC has today released draft determinations proposing to exempt the services provided by grain handler Viterra at its Port Adelaide Inner Harbour and Outer Harbor facilities from parts of the Port Terminal Access (Bulk Wheat) (...)

2 Oct 2020 B

The Australian Federal Court fines an event ticket reseller for misleading representations (Viagogo)

Ross Zaurrini • October 2020

On 2 October 2020, the Federal Court of Australia ordered viagogo AG ("viagogo"), a Swiss-based company, to pay a pecuniary penalty of AUD 7 million for making false or misleading representations when reselling event tickets, in contravention of the Australian Consumer Law ("ACL"). The Court (...)

1 Oct 2020 B

The Australian Competition Authority clears merger of two global companies supplying financial markets infrastructure products (Refinitiv / London Stock Exchange Group)

Australian Competition Authority • October 2020

London Stock Exchange Group’s acquisition of Refinitiv not opposed* The ACCC will not oppose the proposed acquisition of Refinitiv Parent Limited (Refinitiv) by the London Stock Exchange Group plc (LSEG). LSEG and Refinitiv are global companies supplying financial markets infrastructure (...)

1 Oct 2020 B

The Australian Competition Authority amends its consumer data right rules to permit accredited intermediaries

Australian Competition Authority • October 2020

Consumer Data Right Rules amended to include intermediaries* The ACCC has amended the Consumer Data Right Rules to permit accredited intermediaries to collect data on behalf of third party data recipients, with consumer consent. These amended rules mean accredited businesses can now ask other (...)

21 Sep 2020 B

The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)

Australian Competition Authority • September 2020

Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of trade (...)

17 Sep 2020 B

The Australian Competition Authority releases an airline competition report exploring the impact of COVID-19 on the sector

Australian Competition Authority • September 2020

Airline competition critical for consumers and economy* The ACCC’s Airline Competition in Australia reportreleased today explores the significant impact of COVID-19 on the sector and outlines the approach the ACCC will take to protecting competition. The report is the first under the Federal (...)

17 Sep 2020 B

The Australian Competition Authority authorizes cooperation in the energy industry under strict restrictions due to COVID-19 outbreak

Australian Competition Authority • September 2020

Energy industry cooperation authorised with strict conditions* The Australian Energy Market Operator (AEMO) and participants in gas and electricity markets have been authorised to cooperate on measures to secure Australia’s energy supplies during the COVID-19 pandemic. The authorisation (...)

10 Sep 2020 B

The Australian Competition Authority is not opposed to a pharmaceutical merger after offered divestments overcome competition concerns (Mylan / Upjohn)

Australian Competition Authority • September 2020

Divestments overcome strong competition concerns with pharmaceutical merger* The ACCC will not oppose Mylan NV’s proposed merger with Pfizer’s Upjohn Inc division, after Mylan and Upjohn offered a court-enforceable undertaking to divest three off-patent branded pharmaceuticals in response to the (...)

10 Sep 2020 B

The Australian Competition Authority authorizes oil companies to cooperate to secure fuel supplies during the COVID-19 pandemic

Australian Competition Authority • September 2020

Oil companies authorised to cooperate to secure fuel supplies during COVID-19* The Australian Institute of Petroleum (AIP) and major oil refiners have been granted authorisation by the ACCC to continue cooperating on measures to improve the security of fuel supplies during the COVID-19 (...)

10 Sep 2020 B

The Australian Competition Authority accepts a proposed merger between two pharmaceutical companies despite concerns of a significant reduction in competition in the supply of the products (Mylan / Upjohn)

Ross Zaurrini • September 2020

On 10 September 2020, the Australian Competition and Consumer Commission ("ACCC") decided to not oppose Mylan NV’s ("Mylan") proposed merger with Pfizer’s Upjohn Inc division ("Upjohn"), despite concerns that competition in the supply of pharmaceutical products to treat cardiovascular conditions (...)

8 Sep 2020 B

The Australian Competition Authority examines the experiences of consumers, developers and suppliers regarding the mobile app market

Australian Competition Authority • September 2020

Mobile apps market under scrutiny* The ACCC will be examining the experiences of Australian consumers, developers, suppliers and others in a new report scrutinising mobile app stores. Issues to be examined include the use and sharing of data by apps, the extent of competition between Google (...)

4 Sep 2020 B

The Australian Competition Authority grants authorisation to the first national voluntary battery stewardship scheme (Battery Stewardship Council)

Australian Competition Authority • September 2020

Voluntary battery stewardship scheme granted authorisation* The Battery Stewardship Council (BSC) will be able to establish and operate a national scheme for managing expired batteries under an authorisation granted by the ACCC. BSC was formed in 2018 with the primary goal of establishing a (...)

3 Sep 2020 B

The Australian Competition Authority authorises supermarkets to continue cooperating on COVID-19 response

Australian Competition Authority • September 2020

Supermarkets authorised to continue cooperating on COVID-19 response* Supermarket operators will be allowed to continue cooperating to ensure supply of food and groceries in response to the COVID-19 pandemic, under an ACCC authorisation granted today. Coles, Woolworths, Metcash, Aldi, and (...)

2 Sep 2020 B

The Australian Competition Authority signs agreement to coordinate on cross-border investigations with competition authorities in Canada, New Zealand, UK, and the US

Australian Competition Authority • September 2020

Competition agencies to coordinate on cross-border investigations* Competition agencies from five countries including Australia will share intelligence, case theories and investigative techniques to better coordinate investigations across international borders, thanks to a new cooperation (...)

2 Sep 2020 B

The Australian Competition Authority partners with its counterpart competition agencies from five other countries to coordinate on cross-border investigations

Thomas Jones, Tom Macken • September 2020

The Australian Competition and Consumer Commission (ACCC) recently entered into a new memorandum of understanding with its counterpart competition agencies from five other countries in order to share intelligence and investigate techniques to better coordinate competition investigations across (...)

1 Sep 2020 B

The Australian Competition Authority secures a first-ever individual guilty plea for obstructing a cartel investigation from the infringing company’s general manager (BlueScope Steel)

Australian Competition Authority • September 2020

Ex BlueScope GM Jason Ellis pleads guilty to obstructing cartel investigation* Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), has today entered a guilty plea in Sydney’s Downing Centre Local Court to one charge of inciting the obstruction of (...)

27 Aug 2020 B

The Australian Competition Authority finds preliminary competition concerns with a proposed merger between 2 largest commercial laundry services providers in multiple geographic markets (South Pacific Laundry / Spotless Laundries)

Australian Competition Authority • August 2020

South Pacific Laundry’s proposed acquisition of Spotless Laundries raises preliminary competition concerns* The ACCC has identified potential competition concerns with South Pacific Laundry (SPL)’s proposed acquisition of Spotless Laundries, which is part of Spotless Group Holdings Limited. (...)

27 Aug 2020 B

The Australian Competition Authority allows 10 coal producers and minerals council to collectively bargain with the Port of Newcastle for the export of coal and other minerals (NSW Minerals Council / Port of Newcastle)

Australian Competition Authority • August 2020

Coal producers allowed to collectively bargain with Port of Newcastle Operations* The NSW Minerals Council and ten coal producers will be allowed to collectively negotiate the terms and conditions, including price, of access to the Port of Newcastle for the export of coal and other minerals, (...)

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