Earlier this year, the Australian Competition and Consumer Commission (ACCC) published its world first Digital Platforms Inquiry Report (Report) in which the ACCC considered the impacts of online search engines, social media and digital content … Continued
In two recent decisions, the Federal Court has ruled against one of the ACCC’s favoured approaches when litigating manufacturers’ claims concerning the features of their products: namely, shifting the evidentiary burden of substantiating the manufacturer’s … Continued
Franchising in Australia is a sector under scrutiny. The sector has been digesting the content of the Fairness in Franchising report and the inter-agency Franchising Taskforce has been established. In the meantime, the Australian Competition … Continued
Following extensive public hearings across Australia, hundreds of submissions, a High Court challenge and several extensions, the Parliamentary Joint Committee on Corporations and Financial Services recently released its findings into the franchise sector. There appears … Continued
It is trite to say businesses must exercise caution when developing and implementing marketing campaigns for products in highly competitive markets. The dangers of being overly aggressive in marketing and media campaigns have recently been … Continued
In this Practical Action Plan for Commonwealth Modern Slavery Act compliance, our regulatory change specialists unpack the Modern Slavery Act which will require large entities in Australia to report annually on the risk of modern slavery in their … Continued
The current regulatory environment has manifestly failed to deter systemic poor conduct and exploitative behaviour and has entrenched the power imbalance [of franchisor’s over franchisees] This statement of the Committee sets the tone of the … Continued
In recent years, the Australian Competition and Consumer Commission (ACCC) has cracked down on misleading advertising claims made by drug companies. These efforts align with a community expectation that over-the-counter (OTC) medicines are accurately represented. As … Continued
We examine the Australian Competition and Consumer Commission’s (ACCC) leading cases in 2018 and consider how well the ACCC performed against its 2018 enforcement priorities. The 2018 in Review also provides an outlook for 2019 and … Continued
It has been a turbulent year for the franchising sector – media coverage from the Senate Inquiry into the operation and effectiveness of the Franchising Code of Conduct (Code), including allegations of unfair treatment of franchisees … Continued
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