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Ensuring Competition for Consumers; a Burden for Insurers?

The Productivity Commission released its draft “Competition in the Australian Financial System” report on 7 February 2018, with the driving message being that financial service providers, including general insurers, ought to be engaging in more competitive behaviour.

Unfair Contract Terms

From 12 November 2016, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 will extend existing protection from unfair terms under the Competition and Consumer Act 2010 and the Australian Securities Investment Commission Act 2001 to small businesses that enter into (or renew, or vary) small business contracts that are standard form contracts.

Australia’s first successful shipping criminal cartel prosecution

Japanese shipping company Nippon Yusen Kubushiki Karsha (“NYK”) has pleaded guilty to charges of criminal cartel conduct in the Federal Court of Australia.  
  • 11 Aug 2016

Airlines lose cartel appeal

On 21 March, the Full Federal Court (FFC) upheld an appeal from the Australian Competition and Consumer Commission (ACCC) and found that Air New Zealand and Garuda Airlines of Indonesia were guilty of fixing surcharges for the carriage of air cargo from outside Australia to Australian airports in breach of the anti-cartel provisions of the Competition and Consumer Act 2010 (Act). The surcharges, the subject of the cartel arrangements, were charged to Australian importers who then passed them on to consumers.
  • 23 Mar 2016

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