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Miller's Australian Competition and Consumer Law Annotated 2021 e43

Miller's Australian Competition and Consumer Law Annotated 2021 e43

By R V Miller

The 43rd edition of Miller’s includes over 226 revised annotation paragraphs, 87 cases and 62 new annotation paragraphs.

Competition Consumer Law 

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  • Full description

    The 43rd edition of Miller’s includes over 226 revised annotation paragraphs, 87 cases and 62 new annotation paragraphs including:

    • Consumer rights – increased monetary threshold for the application of the Australian Consumer Law from $40,000 to $100,000 with effect from 1 July 2021.
    • Consumer protectionelectricity industry – annotations of the new prohibited conduct regime which came into effect on 10 June 2020.
    • Cartels – Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) [2020] FCAFC 30 clarifying the law on aiding and abetting attempted cartel conduct.
    • Mergers – ACCC v Pacific National Pty Ltd [2020] FCAFC 77, the latest Full Court decision on mergers.
    • Consumer protection – ACCC v TPG Internet Pty Ltd [2020] FCAFC 130 in which a Full Court cast doubt on the "significant" or "substantial" proportion of persons requirement to establish whether the relevant class of the public is likely to be misled.
    • Franchising Code – extended, with effect from 1 June 2020, to include provisions a specific to dealership agreements for new vehicles.
    • Proposed Digital Media Code – the controversial proposal for a mandatory news media bargaining code.
    • Access Regime – the latest Full Court decision, Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145, clarifying Part IIIA and the role of the ACCC.
    • Penalties – ACCC v Geowash Pty Ltd (No 4) [2020] FCA 23 explaining the “same conduct” penalty rule when two penalty regimes are involved, and ACCC v Medibank Private Ltd [2020] FCA 1030 on the “course of conduct” principle and as a recent example of mitigating circumstances warranting a reduction in penalty.
    • Compliance programs – a recent example from ACCC v HealthEngine Pty Ltd [2020] FCA 1203.
    • Food and Grocery Code – updated with effect from 3 October 2020, following the recommendations of the Independent Review of the Food and Grocery Code of Conduct by Graeme Samuel AC.
    • Damages – the latest High Court decision, Berry v CCL Secure Pty Ltd [2020] HCA 27, explaining the approach to assessing damages for value of the lost opportunity.
    • Country of origin – authority by regulation, with effect from 1 October 2020, to prescribe one or more processes deemed to satisfy the definition of “substantially transformed”.
    • Consumer protection – the latest Full Court example, ACCC v Woolworths Group Ltd [2020] FCAFC 162, on what a “future matter” involves.

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  • About the author
  • Product details

    ISBN: 9780455501970

    Published: 2021

    Format: Softcover

  • Table of contents
    • Competition and Consumer Act 2010 (except Sch 1)
    • Competition and Consumer Regulations 2010 (except Schs 1 and 3 forms)
    • Competition and Consumer (Industry CodesFranchising) Regulation 2014
    • Competition and Consumer (Industry Codes—Food and Grocery) Regulation 2015
    • Competition and Consumer (Industry CodeElectricity Retail) Regulations 2019
    • Competition and Consumer (Industry Codes—Dairy) Regulations 2019
    • Trade Practices (Industry CodesUnit Pricing) Regulations 2009
    • Merger Guidelines 2008 (21 November 2008 version, amended November 2017)
    • Informal Merger Review Process Guidelines (September 2013 version, amended November 2017)
    • Merger Authorisation Guidelines (24 October 2018 version)
    • Application for authorisation of a proposed merger or acquisition (November 2017 version)
    • Media Merger Guidelines 2017 and
    • ACCC immunity and cooperation policy for cartel conduct (October 2019 version)

     

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