Competition and Consumer Amendment (Competition Policy Review) Act 2017 is now in effect
Third line forcing will no longer be a per se prohibition under the new Act
We recently released an update on the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 which was passed by Parliament on 18 October 2017.
The new legislation has now commenced. As of 6 November 2017, third line forcing will no longer be a per se prohibition and will only breach the Competition and Consumer Act 2010 (the Act) if the restriction is likely to substantially lessen competition.
What does this mean?
From 6 November 2017, businesses do not need to lodge a third line forcing notification with the Australian Competition and Consumer Commission (ACCC) unless the proposed conduct has the purpose, effect or likely effect of substantially lessening competition.
Therefore, most arrangements which were previously notified to the ACCC, will no longer need to be notified. Any notifications which have previously been lodged with the ACCC will continue to be valid.
Notwithstanding the change in the prohibition, clients should continue to consider whether their conduct will contravene under other provisions of the Act, including the Australian Consumer Law.
ACCC updates advertising and selling guide
By Laura Cantillon
The ACCC has updated its guidance to Australian businesses on what is required to ensure compliance with the ACL
Managing climate change-related risks in the financial system
By Patrick Ibbotson & Jessica Dorricott
Risks posed by climate change to the stability of the US financial system.
Franchisors, it’s time to update your disclosure documents
Key considerations when updating the franchising disclosure documents as per the Franchising Code of Conduct (Code).
GDPR decision slaps down Privacy Shield and imposes strict conditions on Standard Contractual Clauses – implications for Australian organisations
Impacts for Australian entities who are either directly subject to the GDPR or receiving personal data from the EEA.