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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 32 Part 4) contains the following material:
EDITORIAL
Articles
The Risk of Accessorial Liability for Lawyers Drafting Contracts That Contain UnfairTerms – Peter Sise
Since 9 November 2023, the use of an unfair term in a standard form “consumer contract”or “small business contract” may result in pecuniary penalties being imposed under theAustralian Consumer Law or the Australian Securities and Investments Commission Act2001 (Cth). This is a significant risk given the widespread use of standard from contracts.This risk may spread to lawyers who draft standard form contracts containing unfair termsdue to accessorial liability provisions in the relevant legislation. This article examines thatrisk to lawyers.
Concerted Practices: Does the Reach of s 45(1)(c) of the CCA Exceed Its Grasp? –Domenic Leonello
This article considers how courts are likely to interpret and apply the “concerted practices”prohibition in s 45(1)(c) of the Competition and Consumer Act 2010 (Cth). This articlecontends that the provision will expand the spectrum of anti-competitive dealingspreviously restrained by the narrow interpretation of “contracts”, “arrangements” and“understandings”. However, the provision will not extend to the same range of conductfound to be in contravention of Art 101 of the Treaty on the Functioning of the EuropeanUnion, despite the Explanatory Memorandum’s (EM’s) endorsement of EU jurisprudence.The article will consider the EM’s formulation of “concerted practices”, its implicit, yetambitious, indication of likely contraventions and the impediments to enforcement. Thearticle will demonstrate that the statutory scheme and common law principles will notonly likely preclude Australian courts from adopting the European Court of Justice’s(ECJ’s) broad reading of Art 101, but that Courts should be cautious when turning to EUjurisprudence for interpretive guidance.
DEFECTIVE GOODS – Editor: THJ Cadd
- The Bad Apple Keyboard Upset Leads to Crabby Relief and an Appeal UnfoldsDefective Folding Tables – THJ Cadd .
RESTRICTIVE TRADE PRACTICES – Editor: Julie Clarke
- Australia’s Merger Revolution – Julie Clarke
CASE NOTE – Editor: Christopher Hodgekiss SC
- The ACCC Continues Its Efforts to Control Bid-Rigging for Publicly Funded Construction Industry Services in Australia – Dr Bashi Kumar-Hazard
COUNCIL CONSIDERATIONS
- The Council’s Work during 2023–2024 – Scott Rogers
ENERGY ETCHINGS
- Introducing the AEMC – Boris Tam and Lily Mitchell
ECONOMIC(S) MATTERS
- Effect of Government Procurement on Competition – Alex Sundakov
COMMISSION CAMEOS
REPORT FROM CENTRAL ASIA – Editor: Evgeny Khokhlov
- Competition Code of Azerbaijan – Evgeny Khokhlov
REPORT FROM INDIA – Editors: Pravin Anand and Vaishali Mittal
- Major Developments in Competition Law in 2022–2024 – Pravin Anand, Vaishali Mittal and Achyut Tewari
For the PDF version of the table of contents, click here: New Westlaw Australia – AJCCL Vol 32 No 4 Contents.
Click here to access this Part on New Westlaw AU
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