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Since the expansion of the ACCC's enforcement powers on 1 January 2011 under the Australian Consumer Law reforms, the ACCC now possesses extensive audit powers to monitor compliance with industry codes prescribed under the Competition and Consumer Act 2010. Currently, four industry codes are prescribed under this legislation, including: the Franchising Code, the Horticulture Code, the Oil Code, and the Unit Pricing Code. The ACCC has issued … [Read more...] about Are you aware of the ACCC’s industry code audit powers? – October 2011

The recent Federal Court decision in relation to the Metcash and Franklins proposed acquisition, highlights the commercial challenges that companies or businesses will face, if the competition regulator, the ACCC, refuses the merger/acquisition clearance and takes legal action to restrain the acquisition. This update provides a summary of the Federal Court decision, ACCC v Metcash, and highlights some of the factors that the court will consider … [Read more...] about Mergers & Acquisitions: Competition Law Considerations following the Metcash decision – October 2011

Australia's new consumer law regime, implemented under the Competition and Consumer Act 2010, introduced a comprehensive new framework of statutory consumer guarantees, which came into operation on 1 January 2011. This update provides an overview of the new consumer guarantees regime, discusses the impact of the Australian Consumer Law Regulations on businesses, and outlines the implications for non-compliance with the Competition and Consumer … [Read more...] about Australian Consumer Law Update: Consumer Guarantees & Warranties: Is Your Business Compliant? – September 2011

This update provides an overview of the legislative provisions and recent case law in regards to removing a trade mark from the register for non-use. The landmark 2010 decision in E&J Gallo Winery v Lion Nathan Australia Pty offers the first consideration of this aspect of trade mark law by the High Court of Australia since 1977. This decision emphasises that trade mark owners or authorised users must use their trade marks in respect of the … [Read more...] about Trade Marks Update: Removing a Competitor’s Mark from the Register for Non-Use – May 2011

"Green washing" in advertising, is a powerful marketing tool, enabling advertisers to tap into the growing consumer market for environmentally friendly products and services. In response to the increased proliferation of green marketing in recent years, the Australian Competition and Consumer Commission ('ACCC') is cracking down on unsubstantiated or misleading "green" claims. If your business manufacturers, supplies or advertises products or … [Read more...] about Australian Consumer Law Update: Do you “green wash”? Avoiding Green Marketing Legal Traps – March 2011