COMPETITION AND CONSUMER PROTECTION COVERAGE AS OF AUGUST 2018

Transcription

1 COMPETITION AND CONSUMER PROTECTION COVERAGE AS OF AUGUST 2018 Restrictive trade practices... 3 Cartel conduct... 3 Anti-competitive contracts, arrangements and understandings... 4 Boycotts and collective bargaining... 5 Misuse of market power... 6 Exclusive dealing... 6 Resale price maintenance... 7 Mergers and acquisitions affecting competition... 7 Access regimes and specific sectors... 8 Access regimes... 8 Industry codes... 8 Telecommunications... 9 Franchising... 9 International liner cargo shipping Australian Consumer Law Misleading conduct Unconscionable conduct Unfair and unjust contracts Unfair practices Consumer transactions and guarantees Product safety and recalls General Application of Competition and Consumer Act Australian Competition Tribunal Compliance training Market and market definition August

2 Harper Review: law before 6 November Procedure, enforcement and remedies Authorisation, notification and clearances Investigations Immunity and leniency Defences, exceptions and exemptions Expert economic evidence Enforcement and remedies Criminal liability August

3 Restrictive trade practices Cartel conduct Practice note: overview - Cartel conduct - Anticompetitive understandings, CAUs and concerted practices - Arrangements and other dealings that affect competition - Cartel conduct: allocating customers, suppliers or territories - Cartel conduct: bid rigging - Cartel conduct: price fixing - Cartel conduct: restrictions on output and acquisitions - Criminal cartel offence liability - Criminal cartel offence procedure and evidence issues - Defences to cartel conduct claims in practice - Immunity and leniency for competition law contraventions Standard documents - Anti-competitive arrangement statement of claim - Guidelines for meetings involving competitors (NEW) - Application of Criminal Code to Competition and Consumer Act offences - Cartel conduct provisions renumbered from 6 November Collective bargaining quick guide - Competition law issues in relation to blockchain projects (NEW) - Quick guide to collusion prohibited by the CCA - Quick guide to competition law compliance - What to do in the event of an ACCC search (NEW) - When is refusal to deal illegal under competition and consumer law? August

4 s - Cartel conduct - Collective bargaining toolkit - Competition law compliance toolkit Anti-competitive contracts, arrangements and understandings Practice note: overview - Exemption from the restrictive trade practices prohibitions in the CCA - Restraint of trade doctrine and the CCA - Restrictive trade practices prohibitions under Part IV of the CCA - Anti-competitive understandings, CAUs and concerted practices - Application of competition law to intellectual property rights - Arrangements affecting competition - Cartel conduct: restrictions on output and acquisitions - Competition law issues with most favoured nations clauses - Dual listed company arrangements that lessen competition - Refusal to deal under the CCA - Substantial lessening of competition test Standard documents - Guidelines for meetings involving competitors (NEW) - Originating application: anti-competitive conduct - Statement of claim: anti-competitive conduct - Competition law issues in relation to blockchain projects (NEW) August

5 - Defining the market (NEW) - Quick guide to collusion prohibited by the CCA - Quick guide to competition law compliance - Quick guide to selling below cost - When is refusal to deal illegal under competition and consumer law? - Which restraint laws apply? s - Competition law compliance toolkit Boycotts and collective bargaining - Exclusionary provisions - Refusal to deal under the CCA - Secondary boycotts and boycotts affecting trade or commerce - Substantial lessening of competition test Standard documents - Guidelines for meetings involving competitors (NEW) - Collective bargaining quick guide - Competition law issues in relation to blockchain projects (NEW) - Quick guide to collusion prohibited by the CCA - When is refusal to deal illegal under competition and consumer law? s - Collective bargaining toolkit August

6 Misuse of market power - Anti-dumping and anti-circumvention measures under the Customs Act Bundling and tying - Competition law issues with most favoured nations clauses - Misuse of market power from 6 November Refusal to deal under the CCA - Substantial lessening of competition test Standard documents - Letter advising on compliance with misuse of market power prohibition - Competition law compliance dos and don ts - Defining the market (NEW) - Selling below cost? - What is misuse of market power? - When is refusal to deal illegal under competition and consumer law? Exclusive dealing - Exclusive dealing - Refusal to deal under the CCA - Substantial lessening of competition test - Third line forcing from - Quick guide to competition law compliance August

7 - Quick guide to selling below cost - When is refusal to deal illegal under competition and consumer law? - Competition law compliance toolkit Resale price maintenance - Refusal to deal under the CCA - Resale price maintenance - Quick guide to competition law compliance - Quick guide to selling below cost - When is refusal to deal illegal under competition and consumer law? - Competition law compliance toolkit Mergers and acquisitions affecting competition - Acquisitions affecting competition - Dual listed company arrangements that lessen competition - Managing competition law issues in corporate mergers and acquisitions (NEW) - Markets and market definition - Merger clearance and authorisation - PowerPoint presentation: Competition law issues in M&A transactions (NEW) - Substantial lessening of competition test August

8 - Competition law issues in corporate mergers and acquisitions (NEW) - Defining the market (NEW) - Media merger quick guide - Notifying the ACCC of a proposed merger for informal review (NEW) - Quick guide to competition law compliance - Asset acquisitions - Competition law compliance toolkit - Share acquisitions Access regimes and specific sectors Access regimes - Access to services under the CCA - Application of CCA to telecommunications - Australian Energy Regulator - Refusal to deal under the CCA - CCA and ACL enforcement, administrative resolution and court remedies Industry codes August

9 Practice note: overview - Industry codes under the CCA - Australian Energy Regulator - Consumer law issues in franchising - Country of origin representations - Free range egg standard Telecommunications Practice note: overview - Application of the Competition and Consumer Act Application of CCA to telecommunications Franchising Practice note: overview - Regulation of franchising - Application of competition law to intellectual property rights - Completing a franchising disclosure document - Consumer law issues in franchising - Franchise agreement - Franchising overview - Regulation of franchising - Restrictive trade practices issues in franchising August

10 - Setting up a franchise operation overseas Standard documents - Deed of variation of franchise agreement - Disclosure of document receipt - Franchise agreement - Franchisee advice statement - Franchising disclosure document - Information statement for a prospective franchisee - Master franchise agreement Standard clauses - Definition of intellectual property rights - Information required to draft a franchising disclosure document - Information required to draft a franchise agreement - Preparing an operations manual - Setting up a franchise - Setting up a franchise overseas - Which restraint laws apply? - Franchising - Restraints of trade International liner cargo shipping - Application of CCA to international liner cargo shipping August

11 Australian Consumer Law Misleading conduct - Ambush marketing - Consumer law issues in franchising - Corrective advertising and adverse publicity orders under the CCA and ACL - Country of origin representations - Free range egg standard - Misleading conduct and false representations: key elements and case law - Misleading conduct and claims and litigation - Price advertising claims under ACL and ASIC Act - Privilege in ACCC investigations and proceedings Standard documents - Cross claim: misleading conduct based on comparative advertising - Originating application: misleading and unconscionable conduct concerning land - Originating application: misleading conduct in relation to a trade mark - Originating application: passing off and misleading conduct (urgent) - Originating application: regulatory enforcement proceeding for misleading conduct - Statement of claim: misleading and unconscionable conduct concerning land - Statement of claim: misleading conduct in relation to a trade mark - Statement of claim: search engine advertising misleading conduct - Application of the Australian Consumer Law to not-for-profits - Comparative table: Australian Consumer Law and Trade Practices Act - Comparative table: Trade Practices Act to Australian Consumer Law - Consumer law changes from 6 November Consumer law compliance dos and don'ts - Financial services and financial products: consumer protection prohibitions August

12 - Quick guide to conduct liable to mislead the public - Quick guide to consumer law compliance - Quick guide to online consumer law compliance s - Consumer law compliance toolkit Unconscionable conduct - Consumer law issues in franchising - Refusal to deal under the CCA - Unconscionable conduct claims and litigation - Unconscionable conduct: key elements and case law Standard documents - Originating application: unconscionable conduct - Statement of claim: ACCC proceedings for unconscionable conduct - Statement of claim: misleading and unconscionable conduct concerning land - Statement of claim: unconscionable conduct - Comparative table: Trade Practices Act to Australian Consumer Law - Financial services to financial products: consumer protection prohibitions - Quick guide to consumer law compliance - Quick guide to selling below cost - When is refusal to deal illegal under competition and consumer law? - Consumer law compliance toolkit August

13 Unfair and unjust contracts - Consumer law issues in franchising - Unfair contract terms and protections for small businesses - Unfair or unjust contract claims - Comparative table: Trade Practices Act to Australian Consumer Law - Financial services and financial products: consumer protections prohibitions - Quick guide to consumer law compliance - Consumer law compliance toolkit Unfair practices - Bait advertising, rebates, gifts and prizes and wrongly accepting payment - Consumer law issues in franchising - Country of origin representations - Excessive payment surcharges under the CCA - Free range egg standard - Harassment and coercion - Price advertising claims under ACL and ASIC Act - Pyramid schemes - Referral selling - Unsolicited consumer agreements - Unsolicited goods or services Standard documents August

14 - Originating application: misleading and unconscionable conduct concerning land - Originating application: misleading conduct in relation to a trade mark - Application of the Australian Consumer Law to not-for-profits - Comparative table: Trade Practices Act to Australian Consumer Law - Consumer law changes from 6 November Financial services and financial products: consumer protection prohibitions - Quick guide to consumer law compliance - Quick guide to online consumer law compliance - Consumer law compliance toolkit Consumer transactions and guarantees - Consumer guarantee claims under the ACL - Consumer guarantees - Unsolicited consumer agreements - Unsolicited goods or services - Comparative table: Trade Practices Act to Australian Consumer Law - Quick guide to consumer law compliance Product safety and recalls - Managing a product recall August

15 Standard clauses - Product recall - Product recall - Supply of goods General Application of Competition and Consumer Act Practice note: overview - Application of the Competition and Consumer Act Exemption from the restrictive trade practices prohibitions in the CCA - Accessorial liability - Application of ACL and CCA as Commonwealth law and in states and territories - Application of CCA and ACL outside Australia - Application of CCA and ACL to acquisition and supply of goods and services - Application of CCA and ACL to consumers - Application of CCA and ACL to governments and governmental authorities - Application of CCA and ACL to real property leases and licences - Application of CCA to international liner cargo shipping - Application of competition law to intellectual property rights - Application of the CCA and ACL to corporations and individuals - Application of the CCA to markets - Class exemption from restrictive trade practices prohibitions of the CCA August

16 - Competition and consumer law issues with big data, algorithms and online digital platforms - Construction of the Competition and Consumer Act Defences to competition law claims from 6 November Defences to consumer law claims - "In trade or commerce" requirement for application of CCA and ACL - National competition and consumer protection laws - Refusal to deal under the CCA - Transitional provisions for 6 November 2017 CCA changes - Application of the Australian Consumer Law to not-for-profits - Comparative table: Australian Consumer Law and Trade Practices Act - Destination table for 6 November 2017 changes to CCA: where did that section go? - Harper competition law changes: improvements and challenges - Online consumer law compliance quick guide - Time limitations in competition and consumer law claims - Does the Competition and Consumer Act 2010 apply? Australian Competition Tribunal - Australian Competition Tribunal Compliance training Standard documents August

17 - Competition and consumer compliance program - Compliance policy statement (Competition and Consumer Act) (NEW) - Letter advising on compliance with misuse of market power prohibition - Collective bargaining quick guide - Competition compliance: quick audit (NEW) - Consumer law changes from 6 November Harper competition law changes: improvements and challenges - Quick guide to collusion prohibited by the CCA - Quick guide to competition law compliance - Quick guide to consumer law compliance - Quick guide to online consumer law compliance - Competition law compliance toolkit - Consumer law compliance toolkit Help and information notes - Evolution of competition law in Australia Market and market definition - Agreements and other dealings that affect competition - Application of the CCA to markets - Markets and market definition - Defining the market (NEW) August

18 Harper Review: law before 6 November Arrangement affecting competition up to 5 November Authorisation of anti-competitive conduct up to 5 November Cartel conduct: overview and output restrictions up to 5 November Cartel conduct: price fixing up to 5 November Criminal cartel offence liability up to 5 November Criminal cartel offence procedure and evidence issues up to 5 November Defences to cartel conduct claims in practice up to 5 November Defences to competition law claims up to 5 November Exclusive dealing up to 5 November Merger clearance and authorisation up to 5 November Misuse of market power up to 5 November Notification of anti-competitive conduct up to 5 November Resale price maintenance up to 5 November Section 155 investigations up to 5 November Third line forcing up to 5 November Transitional provisions for 6 November 2017 CCA changes - Application of Criminal Code to Competition and Consumer Act offences up to 5 November Cartel conduct provisions renumbered from 6 November Consumer law changes from 6 November Destination table for 6 November 2017 changes to CCA: where did that section go? - Harper competition law changes: improvements and challenges Procedure, enforcement and remedies Authorisation, notification and clearances August

19 - Australian Energy Regulator - Authorisation of anti-competitive conduct from 6 November Class exemption from restrictive trade practices prohibitions of the CCA - Notification of anti-competitive conduct - Collective bargaining quick guide - CCA and ACL enforcement, administrative resolution and court remedies Investigations - Section 155 investigations from 6 November Quick guide to ACCC Section 155 investigations - What to do in the event of an ACCC search (NEW) Immunity and leniency - Immunity and leniency for competition law contraventions - Privilege in ACCC investigations and proceedings Defences, exceptions and exemptions August

20 Practice note: overview - Exemption from the restrictive trade practices prohibitions in the CCA - Criminal cartel offence procedure and evidence - Defences to cartel conduct claims - Defences to competition law claims from 6 November Defences to consumer law claims - CCA and ACL defences, exceptions, exemptions and limitations Expert economic evidence - Expert economic evidence law in competition and consumer protections matters - Expert evidence practice and procedure in competition and consumer protection matters Enforcement and remedies Practice note: overview - Relief in ACCC claims August

21 - Accessorial liability - Application of the CCA and ACL to corporations and individuals - Corrective advertising and adverse publicity orders under the CCA and ACL - Costs and model litigant obligations in CCA claims - Criminal cartel offence procedure and evidence - Damages and other compensatory orders in competition and consumer law claims - Declarations and injunctions under the CCA and ACL - Defences to competition law claims from 6 November Defences to consumer law claims - Excessive payment surcharges under the CCA - Infringement, substantiation and public warning notices under the CCA and ACL - Jurisdiction of courts in competition and consumer protection matters - Penalties under the CCA and ACL - Pleading competition and consumer law claims - Privilege in ACCC investigations and proceedings - Representative proceedings under the CCA and ACL - Section 87B undertakings under the CCA Standard documents - Competition and consumer compliance program - Cross claim: misleading conduct based on comparative advertising - Originating application: anti-competitive conduct - Originating application: misleading and unconscionable conduct concerning land - Originating application: misleading conduct in relation to a trade mark - Originating application: passing off and misleading conduct (urgent) - Originating application: regulatory enforcement proceeding for misleading conduct - Originating application: unconscionable conduct - Statement of claim: anti-competitive conduct - Statement of claim: misleading and unconscionable conduct concerning land - Statement of claim: misleading conduct in relation to a trade mark - Statement of claim: search engine advertising misleading conduct - Statement of claim: unconscionable conduct August

22 - Comparative table: Trade Practices Act to Australian Consumer Law - Quick guide to the Banking Royal Commission - Time limitations in competition and consumer law claims - What to do in the event of an ACCC search (NEW) - CCA and ACL enforcement, administrative resolution and court remedies Criminal liability - Bait advertising, rebates, gifts and prizes and wrongly accepting payment - Cartel conduct: allocating customers, suppliers or territories - Cartel conduct: bid rigging - Cartel conduct: price fixing - Cartel conduct: restrictions on output and acquisition - Criminal cartel offence liability - Criminal cartel offence procedure and evidence issues - Application of Criminal Code to Competition and Consumer Act offences - Quick guide to competition law compliance - Cartel conduct - Collective bargaining toolkit - Competition law compliance toolkit August

23 COMING SOON TO COMPETITION AND CONSUMER PROTECTION Practical Law is a dynamically evolving service. We plan to develop additional documents and resources throughout 2018, focusing on the following areas: Competition law issues in joint ventures. Merger review and clearance. Resources for lawyers who are new to competition law, including explanations of key economic concepts. Resources currently being prepared include: Merger review toolkit Practice note, How to conduct a Herfindahl-Hirschman Index analysis Standard document, Herfindahl-Hirshman Index calculator Checklist, Avoiding gun jumping in merger transactions Practice note, International merger notification Practice note, Information exchange during merger transactions Practice note, Failing firm defence We welcome customer feedback on the development of Practical Law Australia. Should you have comments or suggestions, please contact us at Michael.Milnes@tr.com August