Epic Games: digital platforms test Australian competition law
A battle of the giants that marks a turning point for competition law, exposing its strengths, limits and the need for digital platform regulation.
By Brent Fisse - 1 min read
Phoenix rising: Update on illegal phoenixing legislation
Two recent cases have considered the illegal phoenix activity provisions enacted at the time of the Covid-19 pandemic.
By Ece Mustafa-Ay and David Grant - 2 min read
Escalated crackdown on greenwashing: Just the beginning?
Regulatory watchdogs, ASIC and ACCC, are cracking down on greenwashing claims made by businesses and the consequences for false green claims are greater than ever.
By Teresa Torcasio and Katie Lau - 2 min read
ACCC v BlueScope Steel – cartels and ‘attempts to induce’
Recent Federal Court decision considers ‘attempt to induce’ provisions under the Competition and Consumer Act. The decision also provides insight into future ACCC prosecutions.
By Catherine Bembrick and Alexander Vial - 2 min read
‘Equity, mate’ – Equitable principles limit the effect of general words in releases
A recent Court of Appeal decision reviewed the special equitable principles that apply to the construction and efficacy of a deed of release.
By David Allen - 3 min read
Smart contracts: What lawyers need to know
Smart contracts are the ‘new frontier’, however lawyers should be aware of the enforceability and security issues surrounding its use.
By Wendy Zheng - 4 min read
An Australian first: Custodial sentences for cartel conduct
The Federal Court’s sentencing in the Vina Money Prosecution provides an indication of what individuals can expect if they are found guilty of criminal cartel…
By Catherine Bembrick and Liana Witt - 2 min read
Why everyone needs a legal operations function
With workloads increasing and budgets reduced, the role of a lawyer has never been more challenging. Lawyers and law departments urgently need to transform.
By Jon Kenton and Michelle Mancy - 3 min read
Application of s 912A(1) Corporations Act and cybersecurity obligations after ASIC v RI Advice
The Federal Court considers whether failure to manage cybersecurity risk and resilience breaches obligations under s 912A of the Corporations Act.
By Diana Biscoe and Tim Baynham - 2 min read
A cautionary tale for IP settlement agreements
Parties in IP disputes should carefully scrutinise any proposed settlement agreement to overcome any cartel or competition concerns under the Competition and Consumer Act. …
By Cynthia Cochrane SC and Catherine Bembrick - 2 min read
The pursuit of criminal and civil penalties for ‘hard core’ cartel conduct
Analysis of the CPP’s discontinuance of its prosecution of ANZ Banking, Citigroup and Deutsche Bank AG for alleged cartel conduct.
By Lucy Lester - 1 min read