Annotated competition and consumer legislation

Description

Full Title Copyright Publisher’s Note Features of this Publication Overview — Developments in Competition and Consumer Law in 2016/2017 Table of Cases Table of Contents Competition and Consumer Act 2010 Comparative Tables Commonwealth and state comparative provisions Table of Remedies Maximum civil pecuniary penalties under the ACL Consumer rights concerning guarantees for the supply of goods Consumer rights concerning guarantees for services Action for damages against manufacturers of goods Australian Competition and Consumer Act 2010 — Penalties and Remedies Overview Table of Provisions Table of Amendments Pt I — Preliminary Pt II — The Australian Competition and Consumer Commission Pt IIA — The National Competition Council Pt III — The Australian Competition Tribunal Pt IIIAA — The Australian Energy Regulator (AER) Pt IIIAB — Application of the Finance Law Pt IIIA — Access to Services Pt IV — Restrictive Trade Practices Pt IVA — Unconscionable Conduct [Repealed] Pt IVB — Industry Codes Pt IVC — Payment Surcharges Pt V — Carbon Tax Price Reduction Obligation Pt VA — Liability of Manufacturers and Importers for Defective Goods [Repealed] Pt VB — Price Exploitation in Relation to a New Tax System [Repealed] Pt VC — Offences [Repealed] Pt VI — Enforcement and Remedies Pt VIA — Proportionate Liability for Misleading and Deceptive Conduct Pt VIB — Claims for Damages or Compensation for Death or Personal Injury Pt VIC — Infringement Notices [Repealed] Pt VID — Substantiation Notices [Repealed] Pt VII — Authorisations, Notifications and Clearances in Respect of Restrictive Trade Practices Pt VIIA — Prices Surveillance Pt VIII — Resale Price Maintenance Pt IX — Review by Tribunal of Determinations of Commission Pt X — International Liner Cargo Shipping Pt XI — Application of the Australian Consumer Law as a Law of the Commonwealth Pt XIAA — Application of the Australian Consumer Law as a Law of a State or Territory Pt XIA — The Competition Code Pt XIB — The Telecommunications Industry: Anti-Competitive Conduct and Record-Keeping Rules Pt XIC — Telecommunications Access Regime Pt XID — Search and Seizure Pt XII — Miscellaneous Pt XIII — Application and Transitional Provisions Relating to the Competition Provisions Schedule 1 — The Schedule Version of Part IV Schedule 2 — The Australian Consumer Law REGULATIONS Competition and Consumer Regulations 2010 Table of Provisions Table of Amendments Pt 1 — Preliminary Pt 2 — General Pt 2A — Review by Tribunal of Access Determinations Pt 2B — Telecommunications Access Regime Pt 3 — International Liner Cargo Shipping Pt 4 — Anti-competitive Disclosure of Pricing and Other Information Pt 5 — Authorisations, Notifications and Clearances in Respect of Restrictive Trade Practices — Prescribed Matters Pt 6 — Australian Consumer Law Pt 7 — Transitional Matters — Australian Consumer Law Competition and Consumer Forms Table of Schedule 1 Forms Sch 1 — Forms — General Table of Schedule 3 Forms Sch 3 — Forms — Registration of Conference Agreements Fees: Competition and Consumer Regulations 2010 (extracts) Table of Provisions Table of Amendments Regulation 28 Regulation 31 Sch 1A — Matters for which No Fee is Payable Sch 1B — Fees Payable to Commission or Tribunal for Applications and Notices Sch 2 — Fees — Registration of Conference Agreements Competition Policy Reform Act 1995 — Inter-Governmental Agreements Competition Principles Agreement Conduct Code Agreement Agreement to Implement the National Competition Policy and Related Reforms Competition and Infrastructure Reform Agreement Australian Energy Market Agreement as amended in 2013 Related Legislation Trade Practices (Industry Codes — Unit Pricing) Regulations 2009 Table of Provisions Table of Amendments Regulations Schedule 1 — Retail Grocery Industry (Unit Pricing) Code of Conduct Competition and Consumer (Industry Codes — Franchising) Regulation 2014 Table of Provisions Table of Amendments Regulations Schedule 1 — Franchising Code of Conduct Annexure 1 — Disclosure Document for Franchisee or Prospective Franchisee Annexure 2 Information Statement for Prospective Franchisee Competition and Consumer (Industry Codes — Oilcode) Regulation 2006 Table of Provisions Table of Amendments Regulations Schedule 1 — Oilcode Annexure 1 — Disclosure Document for Retailer or Prospective Retailer Long Form Annexure 2 — Disclosure Document for Retailer or Prospective Retailer Short Form Annexure 3 — Disclosure Document for Proposed Transferee Trade Practices (Horticulture Code of Conduct) Regulations 2006 Table of Provisions Table of Amendments Regulations Schedule — Horticulture Code of Conduct Competition and Consumer (Industry Codes Food and Grocery) Regulation 2015 Table of Provisions Table of Amendments Regulations Schedule 1 — Food And Grocery Code of Conduct ANCILLARY MATERIALS Merger Guidelines Contents 1 — Introduction 2 — Notification threshold 3 — The competition test 4 — Market definition 5 — Unilateral effects 6 — Coordinated effects 7 — Merger factors Appendix 1 — Relevant provisions of the Act Appendix 2 — Acquisitions subject to the Act Appendix 3 — Undertakings Glossary and shortened forms Informal Merger Review Process Guidelines Contents Glossary 1 — Introduction 2 — Informal merger review processes 3 — Section 87B undertakings Appendix A — Information requirements for ACCC’s review Formal Merger Review Process Guidelines Contents Glossary 1 — Mergers, acquisitions and the Competition and Consumer Act 2 — ACCC consideration of proposed mergers 3 — Formal merger clearance 4 — Varying, revoking and substituting clearances 5 — Reviewing ACCC clearance determinations 6 — Merger authorisation applications to the Tribunal ACCC Immunity and Cooperation Policy for Cartel Conduct Preface A — Introduction B — Scope of the policy C — Civil immunity D — Criminal immunity E — The immunity process F — Revocation of immunity G — Closing an investigation/withdrawal of an immunity application H — Cooperation policy I — Amnesty plus Memorandum of Understanding between the Commonwealth DPP and the ACCC regarding Serious Cartel Conduct 1 — Introduction 2 — Responsibilities 3 — Decision to investigate 4 — ACCC referral to the CDPP 5 — CDPP decision to prosecute 6 — Related criminal and civil proceedings 7 — Immunity from proceedings for a party who meets the criteria for conditional immunity under the ACCC’s Immunity and Cooperation Policy 8 — Immunity from prosecution for a party who does not meet the criteria for conditional immunity under the ACCC’s Immunity and Cooperation Policy 9 — Liaison New National Practice Notes GPN-EXPT — Expert Evidence Practice Notes GPN-SURV — Survey Evidence Practice Note Intergovernmental Agreement for the Australian Consumer Law Preliminaries Recitals Definitions and Interpretation Operation of the agreement Implementation Alteration of the Australian Consumer Law Administration and Enforcement Product Safety Research and Advocacy Relations with New Zealand Withdrawal and Cessation Review Intergovernmental Agreement on Competition and Productivity- enhancing Reforms Preliminaries PART 1 — FORMALITIES PART 2 — OBJECTIVES PART 3 — COMPETITION PRINCIPLES PART 4 — AREAS FOR REFORM PART 5 — FINANCIAL ARRANGEMENTS PART 6 — INSTITUTIONAL ARRANGEMENTS PART 7 — IMPLEMENTATION APPENDIX A — Regulatory reforms APPENDIX B — Human services reforms APPENDIX C — Infrastructure reforms APPENDIX D — Additional productivity reforms APPENDIX C.1 — Access to Services Provided by Means of Significannt Infrastucture Facilities Index