Inside Monitor: Competitors & Shopper Regulation – Within the media, Observe and regulation, and Circumstances – Anti-trust/Competitors Regulation

Australia:

Inside Track: Competition and Consumer Law – In the media, in practice and regulation, and in cases

February 03, 2021

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Holding Honest

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In the media

Life Biotech Pty Ltd fined $ 106,560 for alleged non-compliance with information requests and face mask samples
The TGA has reported eight violations totaling $ 106,560 to Sydney-based Life Biotech Pty Ltd for allegedly failing to provide TGA with information and face mask samples when necessary and for providing false and misleading information delivered (January 28, 2021). More…

Lack of competition in advertising technologies for publishers, advertisers and consumers
The ACCC concludes that there is a “real lack of choice and transparency in competition” in the industry that “will ultimately affect the prices consumers pay”. The interim report includes a number of options for resolving issues in the ad tech industry and calls for feedback by February 26, 2021 (January 28, 2021). More…

SMSF wins appeal in the dispute over the sale of the customer list
The Western Australian Supreme Court has upheld an appeal by an SMSF consultancy against an estate that contains false information in connection with the sale of a list of customers and alleges misleading or misleading commercial or commercial conduct against Wotif Pty Ltd who acted as ” Wealthy Partners ”(25 January 2021). More…

Health experts say tech companies should be forced to expose “rampant” COVID-19 misinformation
Misleading content on social media should be brought to light so that the full extent of the problem can be seen, a coalition of Australian technology and health experts argued (January 25, 2021). More…

40,000 join a historic class action lawsuit against QLD power generators
More than 40,000 Queenslanders will be represented in a class action lawsuit against two state power producers, making it one of Australia’s largest claims of its kind. The class action lawsuit alleges Stanwell and CS Energy tampered with the electricity pricing system and artificially inflated consumers’ electricity bills (January 20, 2021). More…

Kogan in trouble: Consumer advocates say $ 310,800 fine for spam email is too small
Consumer advocate Gerard Brody, executive director of the Consumer Action Law Center, said the harsher penalties don’t apply to the full breadth of consumer protection, including the Spam Act, which provides smaller penalties for repeat offenders (Jan. 20, 2021). More…

Practice and Regulation

ACCC Notice: Screen scraping warnings are non-anti-competitive
Answering questions for notification in the context of a parliamentary inquiry by the Senate Financial and Regulatory Technology Committee, the ACCC said that “Statements or warnings about potential security risks related to screen scraping and password sharing … do not appear to have the purpose or effect that they are Significantly reduce competition. “On April 24, 2020, the deadline was extended from the first day of the meeting in October 2020 to April 16, 2021.

Guidelines for Part XICA – Prohibited Conduct in the Energy Market
These guidelines set out how the ACCC will interpret Part XICA of the 2010 Competition and Consumers Act (Cth) (CCA) and outline the general approach the ACCC will take in investigating suspected violations of Part XICA (Prohibition of Certain Behaviors Related with retail prices and finance) contract markets and power spot markets).
Part XICA is effective from June 10, 2020 to January 1, 2026. More …

cases

Bush v The George Events Pty Ltd (civil actions) [2021] VCAT 20
Large wedding reception booked for April 2020 – Covid-19 intervention – new date booked in January 2021 – two written contractual documents – finding that the planned reception cannot lawfully take place in January 2021 – relevance of the applicants’ tight pleadings in the light of Teen Entertainment Enterprise Network Pty Ltd v A&H Natoli Pty Ltd. [2020] VSC 388 – Claims under the Australian Consumers Act and the Fair Trading Act 2012, Sections 184 (2) (c), (d), (g) and (k) – Allegation of misleading conduct in violation of Section 18 of the Australian Consumers Act.

This publication does not cover every important topic or every change in the law and is not intended as a substitute for legal or other advice that may be relevant to the specific circumstances of the reader. If you have found this publication of interest and would like to know more or would like legal advice relevant to your circumstances, please contact one of the persons named.

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