Recognising the impact of current rising cost of living on Australian consumers, areas of ACCC scrutiny for 2023/24 include competition/anti-competitive conduct, fair trading and consumer protection issues in the digital economy, the energy, telecommunications and gas markets, environmental and sustainability claims, unfair contract terms and the financial services sector.
Read moreIncreasingly the ACCC is involved in technology disputes, either taking court enforcement proceedings against digital platforms and technology companies or intervening in private litigation commenced by affected parties. This review of recent technology cases provides useful insights for businesses and consumers into emerging trends and the related risk management.
Read moreKnowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.
Read moreThe Australian Competition and Consumer Commission (‘ACCC’) has issued its 2022/23 Compliance and Enforcement Policy and Priorities. The ACCC’s priorities for 2022/23 include a focus on manipulative or deceptive advertising and marketing practices in the digital economy, environmental claims and sustainability.
Read moreSeptember 2021 Directors, as persons responsible for the management and control of a company, bear strict legal duties. Under the Corporations Act 2001 (Cth) and at general law, a director: Has a duty to act with care, skill and diligence [section 180 of the Corporations Act];[i] Has a duty to exercise their powers and discharge… Read More
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