Competition and Consumer Act 2010

ACCC takes action against Origin for alleged false or misleading representations

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Origin Energy Limited (Origin) alleging that Origin made false or misleading representations and engaged in misleading or deceptive conduct.

The allegations relate to representations made by Origin to residential consumers of electricity and/or natural gas in South Australia about the level of discounts off energy usage charges that could be obtained under Origin’s DailySaver energy plans. 

Full Federal Court decision allows ACCC appeal and BAJV cross-appeal

The Full Court of the Federal Court of Australia has allowed an appeal by the Australian Competition and Consumer Commission (ACCC) from penalty orders made by Justice Marshall on 8 July 2013 against the former Tasmanian Europcar franchisee, BAJV Pty Ltd (BAJV), and BAJV director Brendon Ayers. The Full Court also allowed a cross-appeal by BAJV and Mr Ayers as to costs.

KitchenAid distributor undertakes not to induce retailers on minimum prices

Peter McInnes Pty Ltd (Peter McInnes), an importer and wholesaler of kitchenware products including KitchenAid stand mixers, has acknowledged concerns from the Australian Competition and Consumer Commission that it engaged in resale price maintenance and provided court enforceable undertakings.

Peter McInnes is the exclusive distributor of KitchenAid stand mixers in Australia and supplies the mixers to a number of retailers throughout Australia, including specialty stores and major department stores.

Court finds Woolworths breached fuel shopper docket undertaking but later offers by Coles and Woolworths did not

The Federal Court in Sydney has today found that Woolworths breached a court enforceable undertaking provided to the Australian Competition and Consumer Commission under section 87B of the Competition and Consumer Act 2010 by a 4 + 4 cents fuel discount offer made until 9 March 2014 that was conditional on Woolworths supermarket purchases.

However, the Federal Court dismissed the ACCC’s allegations against Coles and Woolworths that their recent offers of bundled discounts breached their undertakings to the ACCC.  

AGL to seek Australian Competition Tribunal decision on Macquarie Generation

 

The Australian Competition and Consumer Commission acknowledges AGL’s application to the Australian Competition Tribunal which was filed today seeking an authorisation that an acquisition of Macquarie Generation be allowed to proceed on public benefit grounds.  This application follows the ACCC’s decision that it would oppose the proposed acquisition because the ACCC considered that it was likely to have the effect of substantially lessening competition in the retail electricity market in NSW. 

Peter Foster's appeal to be dismissed

On 18 March 2014, the Federal Court has ordered that if Mr Peter Foster does not surrender himself by 4.00 pm (EST) on 25 March 2014, his appeal against the three year imprisonment sentence imposed on him will be dismissed for want of prosecution, without further order. 

Until 4.00pm on 25 March, Mr Foster’s appeal will continue to be stayed. 

Warrants for the arrest and imprisonment of Mr Foster are still in force. 

Court finds breast imaging provider engaged in misleading conduct

The Federal Court has found that breast imaging provider Breast Check Pty Ltd (now called PO Health Professionals Pty Ltd) engaged in misleading or deceptive conduct and made false representations about the devices used in its breast imaging services, in proceedings brought by the Australian Competition and Consumer Commission (ACCC).

Former director, Dr Alexandra Boyd was also found to have been knowingly concerned in Breast Check’s conduct.

ACCC 2014 compliance and enforcement policy promises action on drip pricing

The Australian Competition and Consumer Commission has released its 2014 Compliance and Enforcement Policy. The policy outlines the ACCC's priority areas for the year and sets out the factors to be taken into account when deciding whether to pursue matters. 

Launching the policy a Committee for Economic Development of Australia (CEDA) in Sydney, ACCC Chairman Rod Sims said a strategic review confirmed many previously identified priorities and added some new areas.

ACCC takes action against Pfizer Australia for alleged anti-competitive conduct

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies in contravention of the Competition and Consumer Act 2010.

Atorvastatin is a pharmaceutical product used to lower cholesterol and Pfizer’s originator brand of atorvastatin, Lipitor, was for a number of years the highest selling prescription medicine under the Pharmaceutical Benefits Scheme.