
Still under construction
Please note that the site is still under construction; it is hoped that it will be complete by April 2010

Please note that the site is still under construction; it is hoped that it will be complete by April 2010
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The Federal Court has ordered APRIL Fine Paper Trading Pte Ltd (Singapore) and APRIL International Marketing Services Australia Pty Ltd, to pay penalties totallying $4m for engaging in price fixing ($3.25m and $750,000 respectively). The penalties were discounted as a result of the cooperation of the companies. View ACCC Press Release.
The Press Release from Competition Minister, Dr Craig Emerson, relating to the proposed change to the definition of market for purposes of merger review, has now been released. Although the announcement claims that the change will address creeping acquisitions, it is impossible to see how it will do this. Hopefully, however, this proposed insignificant change means that we can say goodbye to the various other government proposals relating to creeping acquisitions and the current proposed Richmond Amendment (although a report is still due out on the latter in March). The Conduct Code Agreement 1995requires the Government to consult with state and territory governments in relation to the proposed amendments (full detals of which are not available) before their implementation.
According to today's papers, Emerson will today announce plans to change the definition of market in relation to mergers by removing the requirement that a 'market' be 'substantial': ('Competition Minister takes aim at creep for control', John Durie, the Australian; 'Craig Emerson plans changes to the law to stop creeping takeovers', John Durie, the Australian and also see page 5 of today's Australian Fin Review). Although full details are not yet clear, it's hard to imagine what practical significnace this change will have: see good post by former Member of the ACCC, Prof Stephen King, 'Goodbye to substantial markets'.
Following provision of commitments by Oracle, the European Commission has cleared the Oracle/Sun proposed merger. View EC Press Release.
The ICN website has had a makeover - considerable improvement on the original site. View my blog report.
The ACCC has announced it will oppose the proposed acquisition of Breville by GUD Holdings (which supplies Sunbeam and Emjoi products). Breville (which supplies Breville, Kambrook, Ronson and Philips products) and GUD Holdings are the two largest competitors in small appliances and the ACCC holds the view that a merger between them would substantially lessen competition in relation to thew holesale supply of several categories of small electrical appliances. See ACCC Press Release.
Mr David Crawford has been reappointed President of the National Competition Council and Dr Douglas McTaggart, Ms Virginia Hickey and Mr Rodney Sims have been reappointed as Councillors. Each of the appointments are for a three year term, to expire on 18 December 2012. See Press Release.

My competition law publications online.
This site is designed to provide resources relating to Australia's competition laws. It includes breaking news, publications, links to relevant cases and legislation and other key resources.
For comments, suggestions or notification of dead links please contact Julie Clarke.
School of Law
Deakin University
Geelong Vic 3217
Australia
Ph: +61 3 5227 2742
Email: jclarke@deakin.edu.au
