In the media
Consumers' new rights up ACCC's alley
The Australian Competition and Consumer Commission
(ACCC) has welcomed its new task of setting up a
'Consumer Data Right' for Australia, empowering consumers
to access and share the data held by suppliers relating to them
with potential supply competitors or other interested services (10
May 2018).
More...
ACCC welcomes consumer data right
Following the Treasurer's response to the Open
Banking Review, the ACCC welcomes the introduction of a general
data right for all consumers and $20 million in the Federal Budget
over the next four years to oversee its implementation. The
consumer data right will enable customers to share their
transaction, usage and product data with service competitors and
comparison services, if they choose to do so (09 May 2018).
More...
ACCC new consumer data right
The ACCC has welcomed the 'introduction of a general
data right for all consumers and $20 million in the Federal Budget
over the next four years to oversee its implementation', which
Chairman Rod Sims labeled 'fundamental competition and consumer
reform'. The ACCC is establishing a dedicated 'Access to
Data Unit' to undertake these new functions and will work
closely with the OAIC, Data Standards Body and industry in relation
to implementation of the consumer data right (09 May 2018). See
ACCC
media release (9 May) and Australian Government, 'Consumer Data
Right' (Treasury, 9 May 2018).
Bega has small win in Kraft peanut butter battle
Australian brand Bega has had a small win over American
food giant Kraft as they fight over who has the right to use yellow
designs on peanut butter jars. The brands look set to go to trial
in the Federal Court following the Australian court dashing
Kraft's attempts to get US-based courts to stop Bega.
Kraft's Federal Court case alleges Bega breached consumer law
by engaging in misleading or deceptive conduct over its peanut
butter marketing (05 May 2018).
More...
Poor progress on cattle and beef industry market
reform
The cattle and beef industry has not acted on most of the
recommendations made by the ACCC in 2017 to improve the
transparency and efficiency of Australian cattle markets, according
to a
review released by the ACCC. The recommended reforms included
expanded reporting of prices for non-auction sales, greater
transparency of processors price offers, simplification of pricing
grids, and measures to increase transparency in saleyard auctions
(04 May 2018).
More...
HP to compensate printer customers
Customers of HP PPS Australia Pty Ltd
(HP) who bought certain models of HP printers
without being informed non-HP ink cartridges may not work in them
could be eligible for compensation, the ACCC announced. HP has
admitted that by not disclosing to consumers that these printers,
or the firmware update, included technology preventing the use of
certain non-HP ink cartridges, it was likely to have breached the
Australian Consumer Law by engaging in false, misleading or
deceptive conduct (03 May 2018).
More...
'You have obligations': ASIC cracks down on
initial coin offerings
Australia's corporate watchdog has started cracking
down on "misleading or deceptive conduct" in the
marketing and selling of digital tokens via initial coin offerings
(01 May 2018).
More...
Telstra to pay $10 Million penalty for misleading
conduct related to premium direct billing service
On 26 April 2018, the Federal Court ordered Telstra
Corporation Ltd (Telstra) to pay penalties for
making misleading representations to customers in the case of
ACCC v Telstra Corporation Ltd [2018] FCA 571 (30 April
2018). More...
ACCC Releases Final Report in Dairy Industry
Inquiry
The Australian Competition & Consumer Commission
(ACCC) released the final report into the inquiry
into the competitiveness of prices, trading practices and the
supply chain in Australia's dairy industry (30 April 2018). More...
More transparency on gas pricing
The ACCC's Gas Inquiry 2017–20 Interim
Report – April 2018 released confirms that while
conditions in the east coast gas market have improved since
September 2017, the market is still not functioning effectively.
ACCC Chairman Rod Sims said. "We believe that publishing LNG
netback prices is an important step towards improving gas price
transparency to improve the competitive bargaining process."
(27 April 2018).
More...
Credit repair business Malouf Group Enterprises and its
director pay $1.7 million for misleading and unconscionable
conduct
The Federal Court has found that credit repair business
Malouf Group Enterprises Pty Ltd (Malouf Group) and its director
Jordan Francis Malouf breached the Australian Consumer Law during
the period 1 January 2014 to 31 December 2015 by making false and
misleading representations and by engaging in unconscionable
conduct (26 April 2018).
More...
In practice and courts, published reports
Australian Cartel Law: Biopsies: Competition Law
Conference Sydney, 5 May 2018
Brent Fisse: Australian Cartel Law after the Harper
Review and the 2017 Amendments
The author has now published his (slightly updated) paper
from the conference. The paper includes discussion of the concepts
of 'arrangement an understanding', the ongoing issue of
'purpose' in s 45AD, cartel exemptions and some aspects of
liability and sanctions (all discussed in this paper).
More...
ACCC publishes Digital Inquiry submissions
The ACCC has now published public versions of submissions
made in response to the Issues Paper released as part of the
Digital Platforms Inquiry - 57 in total on 03 May 2018.
More...
Cases
Australian Competition and Consumer Commission v Telstra
Corporation Limited [2018] FCA 571
CONSUMER LAW – financial services – false or
misleading representations – where the respondent (Telstra)
provided a service called the Premium Direct Billing Service
(PDB service) to domestic and business customers
as a default setting on Telstra mobile services (ie, customers were
not required to opt-in) – where the PDB service enabled
customers to purchase subscriptions to digital content supplied by
third parties and have the charges billed to their Telstra account
– where the operation of the PDB service led to a significant
number of customers unintentionally purchasing and being billed for
PDB content subscriptions without their knowledge or consent
– where parties prepared an agreed statement of facts and
jointly proposed declarations and orders that Telstra pay pecuniary
penalties totalling $10 million – whether the PDB service was
a "financial product" – whether, in providing the
PDB service, Telstra was providing a "financial service"
– whether proposed orders appropriate – proposed orders
made.
Australian Securities and Investments Commission Act 2001
(Cth), ss.12BAA, 12BAB, 12DB, 12GBA; Competition and Consumer
Act 2010 (Cth), ss.76, 87B, 131A; Crimes Act 1914
(Cth), s.4AA; Australian Securities and Investments Commission
Regulations 2001 (Cth), reg 2B.
The Real Thing Food Supplements CC v Media Tag Pty Ltd
[2018] NSWSC 585
Proceedings dismissed with costs. CONSUMER LAW —
misleading or deceptive conduct — where plaintiff is a South
African corporation — where defendant distributed
plaintiff's products in Australia to Woolworths on a trial
basis — where plaintiff and defendant then unable to agree on
price for which defendant would purchase plaintiff's goods with
a view to on sale in Australia to Woolworths — where
defendant then manufactured similar products in Australia and sold
to Woolworths — whether defendant thereby misleadingly or
deceptively represented to Woolworths that its goods were those of
the plaintiff — whether plaintiff had goodwill and reputation
in Australia — whether Woolworths relied on any
representation by defendant when purchasing goods from it.
TORTS — passing off — whether defendant passed off its
goods to Woolworths as those of the plaintiff — whether
plaintiff had reputation in Australia — whether defendant
represented to Woolworths that its goods were those of the
plaintiff - Australian Consumer Law.
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