Australian Journal of Competition and Consumer Law update: September 2011

The latest issue of the Australian Journal of Competition and Consumer Law (Volume 19 Part 3) contains the following material:

Editorial

Articles

Immunity: A dilemma for both whistleblowers and the ACCC – Kon Stellios and Caterina Cavallaro

The Australian Competition and Consumer Commission’s (ACCC) immunity policy for cartel conduct has been in operation since 2003. The ACCC considers this policy, together with the introduction of possible imprisonment for cartel behaviour, to be the greatest weapon available to the ACCC for deterring and identifying such conduct. Indeed, the investigation and subsequent prosecution by the ACCC of a number of high profile cartels has been instigated by an immunity applicant. This article explores some of the practical issues which have arisen since the commencement of the ACCC’s immunity policy which threaten to undermine its efficacy. While the ACCC has been vigilant in seeking to minimise any adverse effect on the operation of its policy, it has not always been successful. Its main successes and failures are considered in this article.

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Is there a future for Part IIIA after Fortescue? – Thomas Jones and Sarah Godden

This article considers the decisions of the Federal Court of Australia and the Australian Competition Tribunal in the recent Fortescue litigation, which are of seminal importance for the future application of Pt IIIA of the Competition and Consumer Act 2010 (Cth). In the authors’ view, the Tribunal’s decision contained four critical errors, which the Federal Court, in its decision, has not corrected.

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Sections

ADMINISTRATION AND NATIONAL CONSUMER POLICY

• The case for establishing an Australian Small Business and Farming Commissioner – Frank Zumbo

CONSUMER PROTECTION

• Facts, opinions and misleading or deceptive conduct – Bernard McCabe

CASE NOTES

• ACCC v April International Marketing Services Australia Pty Ltd (No 8) [2011] ATPR 42-348 – Richard Flitcroft and Amelia Ho
• The ACCC flexes its enforcement biceps against Allphones – Monali Pandey

REFLECTIONS

• The changing politics of competition reform – Professor Frederick G Hilmer

COUNCIL CONSIDERATIONS

• The Council’s work under the National Access Regime in 2010/2011 – Natalie Naylor

REPORT FROM ASIA

• Competition law and state-owned enterprises: A comparative perspective – Georgina Foster and Clara Ingen-Housz

REPORT FROM NORTH AMERICA

• The new United States Horizontal Merger Guidelines – Christopher Pleatsikas

BOOK REVIEW – Dr R J Desiatnik

• Australian Cartel Regulation: Law, Policy and Practice in an International Context by C Beaton-Wells and B Fisse

BENCHMARKS

• Definitions and terms

For the pdf version of the table of contents, click here: AJCCL Vol 19 Pt 3 Contents.