by Katarina Klaric, Principal, Stephens Lawyers & Consultants Knowing the advertising laws that apply to the marketing and advertising of a particular product or services is critical to avoid breaches resulting in fines and court proceedings. The recent case of Lorna Jane “Anti-virus Activewear” advertising and marketing campaign provides an example of how an advertising… Read More
Read moreThe consumer guarantees provided under the Australian Consumer Law (‘ACL’) cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty. The ACL provides consumers with rights and remedies against suppliers (including on-line retailers) and manufacturers of goods or services acquired by them that do not comply with consumer guarantees. Is your business compliant?
Read moreThe ACCC 2020 Compliance and Enforcement Policy identifies a number of key areas which will be the subject of ACCC scrutiny. These include: retailers’ and manufacturers’ compliance with consumer guarantee laws; competition and consumer issues in the funeral services sector; competition and consumer issues relating to digital platforms; ensuring small businesses receive the protections of the competition and consumer laws, with a focus on the Franchising Code of Conduct; misleading conduct in sale and promotion of food products; competition and consumer issues in the commercial construction sector.
Read moreBusinesses should be aware that competition and consumer laws still apply during the COVID-19 pandemic. However, the ACCC will be prioritising its focus on the competition and consumer issues of most relevance arising from the impact of COVID-19. The ACCC has established a COVID-19 Taskforce focusing on early intervention to address immediate problems being faced by consumers and to communicate directly with businesses and inform them about their obligations in relation to cancellations, refunds and suspension of services as a result of the pandemic.
Read moreBusiness models for distribution and supply of goods or services through retail stores or on-line market places may provide significant benefits where manufacturers or suppliers can control marketing, promotion and pricing. These business models require careful scrutiny to avoid the risk of breaching Australia’s competition law, which prohibits anti-competitive conduct including resale price maintenance. Strategies for risk management are discussed in this Stephens Lawyers & Consultants Update on Competition Law
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