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

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2 September 2010 - ACCC grants interim approval for joint green waste tender

The ACCC has 'has granted interim authorisation to allow the Central Queensland Local Government Association to run a joint tender process on behalf of the Banana Shire Council, Central Highlands Regional Council, Gladstone Regional Council, Isaac Regional Council and the Rockhampton Regional Council to provide green waste mulching services in their council regions'. Submissions on the substantive application for authorisation are due by 10 September. See press release.

1 September 2010 - ACCC allows Jetset Travelworld/Stella Travel Services Merger

The ACCC will not oppose the proposed acquisition of Stella Travel Services by Jetset Travelworld Ltd. This decision followed release of a statement of issues and extensive review of the transaction. The ACCC noted, in particular, that the internet has 'dramatically affected th way competition works in the travel industry'. See Press Release.

31 August 2010 - Baxter Healthcare penalised for TPA breaches

Justice Mansfield has ordered Baxter Healthcare to pay a penalty of $4.9million for contravening sections 46 (misuse of market power) and 47 (exclusive dealing) of the Trade Practices Act. This penalty ruling follows the 2008 ruling of the court declaring that the contraventions had occurred. The penalty is substantially less than the $27.3m sum sought by the ACCC. View ACCC Press Release.

31 August 2010 - Chief Justice of the Federal Court thinks BHP v Qld Wire was wrongly decided

At last week's Law Council seminar on the Gold Coast the newly appointed Chief Justice of the Federal Court, Pat Keane, stated that he disagreed with the 1989 High Court decision in Qld Wire in which BHP was found to have abused its power by refusing to supply y-bar to a competitor of its subsidiary, QIW. Keane was, at the time, junior counsel for BHP. View brief report by John Durie in the Australian. See also article by James Eyers, 'Keane's Lament for Cases Lost' in Friday's Australian Financial Review (page 39) in which Justice Keane is quoted as saying: 'It may be that the decision in QWI should now be seen as a relic of times when legal and legal/economic theories derived from US jurisprudence exercised undue sway over the thinking of members of the High Court'.

29 August 2010 - Publication: Changes in Competition Policy Over the Last Two Decades

On 25 May the Polish Office of Competition and Consumer Protection announced the release of a book - 'Changes in Competition Policy Over the Last Two Decades'. The book (which is just shy of 600 pages long) is freely available for download on the Agency's website and was released as the 'jubilee publication' celebrating the 20th Anniverry of the establishment of the UOKiK. It features a number of papers by authors from various jurisdictions divided into four broad areas: Competition-Restricting Practices, Merger Control, State Aid Reform and Competition Policy Challenges.

25 August 2010 - ACCC v Link Solutions Pty Ltd (No 2) [2010] FCA 919

This case involves an allegation of third line forcing by telecommunications companies. The pleadings against EFS and CIT were struck out and orders made for summary judgment in their favour. Clear Telecoms and WorldTel officers were held not to be entitled to summary judgment.The ACCC sought (and was granted) leave to replead. The matter was stood over until 30 August to consider proposed orders. View decision.

25 August 2010 - Trade Practices Committee Workshop

Graeme Samuel's opening remarks at the LCA's Trade Practices Committee Workshop on the Gold Coast on 21 August are now available here. The provide an uptate on trade practices issues with particular focus on cartel conduct. A paper by ACCC Commissioner, Dr Jill Walker is also available: 'The meaning of understanding: when does communication become collusion?'

20 August 2010 - ACCC proposes to allow Agsafe to continue industry stewardship program

The ACCC has issued a draft determination proposing to grant further authorisation to Agsafe to allow it to 'continue to enforce the Agsafe Accreditation and Training Program' ensuring 'regulatory compliance with the supply chain of agricultural and veterinary chemicals in Australia'. The ACCC believes the authorisation will help maintain safety levels. Submissions on the draft determination may be made until 1 September. View press release. View draft determination.

19 August 2010 - US agencies release new merger guidelines

The US Federal Trade Commission and Department of Justice today announced the release of new horizontal merger guidelines. These replace the 1992 merger guidelines and follow the release of draft revised guidelines in April this year. View press release. View Guidelines.

19 August 2010 - ACCC revokes speedway notification

The ACCC has revoked an exclusive dealing notification lodged by Perth Motorplex and Avalon Raceway 'which only allow drivers and pit crew to access track facilities if they hold a licence from the National Association of Speedway Racing.' The notification was originally lodged in 2008. View Press Release. View notification register.

18 August 2010 - ACCC proposes to re-authorise collective negotiation arrangements for dairy farmers

The ACCC has issued a draft decision to re-authorise collective negotiation arrangements proposed by Premium Mil Ltd on behalf of its members relating to farm gate milk prices and milk standards when dealing with Parmalat Australia Ltd. View Press Release. View Authorisation Register.

 

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My Netvibes is my home of categorised RSS feeds from a variety of competition law sources (blogs, news, regulator pages, journals etc)

 

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