Australian Journal of Competition and Consumer Law update: September 2015

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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 23 Part 3) contains the following material:

EDITORIAL

• Mathematics and the law

Articles

Unconscionable conduct in equity and under statute: The Australian Consumer Law and the Lux decision – Hayden Fielder

The test for what constitutes “unconscionable” conduct under s 21 of the Australian Consumer Law (ACL) changed significantly when the Full Court of the Federal Court of Australia handed down its 2013 decision in ACCC v Lux Distributors Pty Ltd. Conduct must now be assessed by reference to a “norms and standards” test in determining whether there has been a contravention of s 21. The extent to which this new test differs with the previous “moral obloquy” test is somewhat unclear. This article will examine and compare the current tests applied by the courts under the ACL and in equity when assessing whether conduct is unconscionable. Further, it will outline the circumstances in which an action under the ACL may be more favourable than an action in equity, particularly in regard to the different remedies available.

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Government exemption from competition and consumer law: Has Harper patched the holes? – Nick Seddon

At all levels of government in Australia (with some exceptions), there is immunity from competition law and from the Australian Consumer Law when government bodies are engaged in procurement for governmental purposes. This is because government bodies are bound only insofar as each “carries on a business”. The final Harper Report has recommended that the words “carries on a business” be replaced by “in trade or commerce”. If implemented, this recommendation will remove a serious flaw in the way in which the legislation has operated.

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Sections

ACCESS TO SERVICES

• Harper review recommendations concerning the review by the Australian competition tribunal of declaration and access decisions – Abigail Gill and Essie Dyer

AUTHORISATIONS AND NOTIFICATIONS

• When will the ACCC grant interim authorisation? – Emma Gorrie

CONSUMER PROTECTION

• Blogs and the Australian Consumer Law – Stephanie Hayes

UNCONSCIONABLE CONDUCT AND CODES OF CONDUCT

• New directions in mandatory industry codes of conduct: A focus on alternative dispute resolution – Frank Zumbo

CASE NOTES

• A Fitting punishment: ACCC v Reebok Australia Pty Ltd – Ketki Kotwal
• Unconscionable conduct in business transactions and pecuniary penalties: ACCC v Coles Supermarkets Australia Pty Ltd – Tamara Helm

COMMISSION CAMEOS

• A trio of “Harper” issues – Hank Spier

REPORT FROM AFRICA

• South African merger control and the public interest test – Lesley Morphet and Sarah Manley

REPORT FROM LATIN AMERICA

• Update on the Latin America Region – Luis Omar Guerrero Rodríguez, Martin Michaus, Claudette M Christian, Mariana F Amaral, Agustin Waisman, Luis Eduardo Nieto, Juan Manuel Mercant and Santiago Gatica

ODDS AND ENDS

For the pdf version of the table of contents, click here: AJCCL Vol 23 No 3 Contents.

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