Index (2013) 21 AJCCL

Transcription

1 ACCC see Australian Competition and Consumer Commission Access regimes see also Infrastructure access benefits of, effect of Pilbara case, High Court decisions, overview of access undertakings, telecommunications industry contestability options, 50 Accessorial liability for cartel conduct, 217 claims for, 130 Acquisitions see Mergers/acquisitions Acronyms overuse of, 3 Advertising comparative advertising in India, liability for publication of third party statements, in New Zealand consumer law, Advertising Standards Council of India actions brought by, Africa regional competition regime in, Agricultural vaccines litigation regarding, Airline industry acquisitions in, Alinta Sales Alternative dispute resolution see Dispute resolution Anticompetitive conduct regulations see also Competition law cartel conduct prohibitions, Chinese legislation, European Union, price signalling legislation, reverse payment settlement agreements, in Russia, Anti-overlap provisions in CCA, Apple Inc smartphone wars with Samsung, APT Allgas application for Tribunal review, 62 Attempts as defined in CCA, Australia Pacific LNG Gladstone Pipeline Pty Ltd applies for determination, Australian Competition and Consumer Commission (ACCC) case against vacuum cleaner salespeople, facilities expansion powers, 292 makeover of proposed, penalties for companies acted against by, powers of Competition Tribunal and, proceedings against Google, proceedings under unfair terms provisions, Qantas and Emirates Co-ordination Agreement, response to reviews of, Australian Competition Tribunal under CCA Part IIIA, 256 Fortescue Metals appeals decision of, 5-19, matters heard by, 60-67, overview of, Australian Consumer Law in telecommunications contracts, 221 Australian Energy Regulator energy industry regulation, year in review, Australian Journal of Competition and Consumer Law 21st anniversary of, 3-4 Australian Small Business Ombudsman proposed spin-off from ACCC, (2013) 21 AJCCL

2 Australian Utilities Commission proposed spin-off from ACCC, Authorisations and notifications Qantas and Emirates Co-ordination Agreement, Bain, Joe on barriers to entry, Barriers to entry and exit in competition law, strategic, Barriers to expansion in Australian law, 107 Best practice guidelines price signalling legislation, Better Regulation program in energy industry regulation, Brand appropriation litigation regarding, Business Council of Australia submissions to Productivity Commission, Business to business disputes resolution of, Capacity excess capacity as barrier to entry, Cartel conduct first litigation under prohibitions on, Garuda not immune from jurisdiction, Causality information disclosures and, Certification matters access regimes, for National Competition Council, 71 China merger review change in, Codes of conduct industry-based regulation, Collusion in CCA, Common Market for Eastern and Southern Africa (COMESA) establishment of, Competition and Consumer Act 2010 (Cth) alleged breaches of, 212 attempts as defined in, competition as defined in, 306 definitions of terms in, Div 1A, anticompetitive conduct regulations, knowingly concerned as defined in, 307 need for review of, Part IIIA, access to services, 56, , Part IIIA, benefits generated by, Part IIIA, Fortescue Metals application under, 5-19 Part IIIA, national significance test in, 253 Part IIIA, private profitability test in, Part IIIA, promotion of competition test in, Part IIIA, public interest test in, quality as defined in, 307 scope of in trade or commerce provision, supply as defined in, 307 trade or commerce as defined in, 307 uneconomical concept in, , , Competition and Infrastructure Reform Agreement draft report on, Competition law see also Anticompetitive conduct regulations barriers to entry and, in COMESA, competition as defined in CCA, 306 legitimate aims of, Compliance with consumer protection legislation, 46 Consumer protection application of pressure in transactions, Better Regulation program, from brand appropriation, (2013) 21 AJCCL 323

3 in COMESA, 143 Director of Consumer Affairs Victoria v Parking Patrols Vic Pty Ltd, distant trading, in Russia, 305 financial penalties for consumer law breaches, in India, 145 linked credit providers, New Zealand, law reform in, from predatory lending, sharp practice, telco Fine Print Project, vaccines and merchantable quality regulations, Contestability concept of perfectly contestable markets, telecommunications industry contestability options, 50 Contracts binding vs legally enforceable, bypassing consumer law via, , 234 for telecommunications customers, unfair terms in, 232 Cooperation with ACCC investigations, Cooperative Bulk Handling application to Competition Tribunal, Cost of capital regulatory control of, Cross-subsidisation regulatory control of, 139 Damages for cartel conduct, DBNGP Debt collection application of pressure in transactions, Declaration matters access to infrastructure, jet fuel supply infrastructure at Sydney airport, 68 Defective goods game fishing boat, rechargeable torch, recreational vehicle air-conditioning unit, Delivery procedures for purchased goods in Russia, Disclosures see Information disclosures Dispute resolution business to business disputes, Distant trading legislation in Russia, Economic matters economic substitutes in smartphone wars, 79 economies of scale as barriers to entry, regulatory control of monopolies, uneconomical concept see Uneconomical Efficiency regulatory imposition of, Emirates Co-ordination Agreement with Qantas, Energy industry regulation access to gas pipelines see Gas pipeline facilities Australian Energy Regulator, 73, in Europe, New Zealand consumer law, 234 powers of Competition Tribunal, Enforcement and remedies in China, for anticompetitive conduct, financial penalties for consumer law breaches, in New Zealand consumer law, Entire agreement clauses in telecommunications contracts, Envestra application for Tribunal review, 62 European Union on scope of dawn raids, trade defence system, (2013) 21 AJCCL

4 Evidence brand appropriation litigation, Expert evidence brand appropriation litigation, Foreign States Immunities Act 1985 (Cth) Garuda claims immunity from prosecution under, Fortescue Metals application (Pilbara case) effect of, High Court decision, 5-19, powers of Competition Tribunal and, 64-66, FRAND concept smartphone wars and, Gas pipeline facilities see also Fortescue Metals application access to, National Gas Law, 71-72, South Eastern Pipeline coverage application, Goodwill as barrier to entry, evidence of in a product, 169 Google liability for publication of third party statements, Greiner, Nick involved in litigation, 211 Harm, potential for from price signalling, Harmonised laws in COMESA, 144 High Court decisions on access regimes, Australian Competition Tribunal and, Fortescue Metals application, 5-19, 36-38, 64-66, 68-71, Google advertising case, PT Garuda Indonesia Ltd v ACCC, Hilmer Committee recommendations by, Hub and spoke disclosures price signalling and, Illegal contracts see Contracts Implied warranty as to merchantability agricultural vaccines, India consumer protection laws in, 145 Industry-based regulation under CCA Part IIIA, codes of conduct, Information disclosures causation and, Infrastructure access see also Access regimes agenda for reform of, 293 when declared, Intermediaries or conduits liability for publication of statements by, Internet commerce in New Zealand consumer law, 233 Jet fuel supply infrastructure at Sydney airport as declaration matter, 68 Jurisdiction accessorial liability, 130 Kimberly Clark Australia Pty Ltd applies for coverage recommendation, 72 Knowingly concerned Legislation barriers to entry due to, controlling predatory lending, Liability accessorial, 130, 217 for misleading and deceptive advertising, for price signalling, , , 203 Limited merits review regime review of, Linked credit providers prior consensus required, Market power barriers to entry and exit, regulation in the telecommunications industry, smartphone wars and, (2013) 21 AJCCL 323

5 Merchantable quality determining, Mergers/acquisitions merger review change in China, powers of Competition Tribunal, 57 Misleading and deceptive conduct evidence of intention in, 168 litigation regarding, by publication of statements by intermediaries or conduits, by representations, 216 by silence, undue harassment and, Mode of sale neutrality in New Zealand consumer law, 235 Monopolisation legislation see also Anticompetitive conduct regulations merger review change in China, smartphone wars and, National Access Regime Council s work under, draft report on, review of, National Competition Council effect of Fortescue decision on, matters before, 68 National Gas Law controls access to pipelines, Council s work under, National significance test in CCA Part IIIA, 253 Natural monopoly test proposed by Business Council, New Zealand consumer law reform, Next generation networks policy choices for, No-coverage applications for gas pipeline access, Non-merger reviews powers of Competition Tribunal, North America smartphone wars in, Notifications see Authorisations and notifications Passing off requires proof of reputation, Patent markets smartphone wars and, Pay for delay see Reverse payment settlement agreements Payday lending see Predatory lending Penalties see Enforcement and remedies Per se prohibition international best practice and, Pharmaceutical industry reverse payment settlement agreements, Pilbara case see Fortescue Metals application Pirate brands see Brand appropriation Predatory lending history of, Price signalling in Australian law, Pricing below-cost pricing as barrier to entry, Private profitability test as access criterion, in CCA Part IIIA, , impact on Competition Tribunal, Product disparagement in India, Productivity Commission draft report on National Access Regime, review of CCA Part IIIA, Promotion of competition test in CCA Part IIIA, Proof see Standard of proof Public interest issues Fortescue Metals application to High Court, public interest test in CCA Part IIIA, Publication of statements liability for misleading and deceptive advertising in, Purpose statements New Zealand consumer law, (2013) 21 AJCCL

6 Qantas Airways Co-ordination Agreement with Emirates, Quality Rate of return access regime regulation and, Regulatory agencies proposed time limits on term of senior appointments, 116 Remedies see Enforcement and remedies Reverse payment settlement agreements US controversy over, Russia distant trading legislation, Salary lending see Predatory lending Sales people ACCC case against vacuum cleaner salespeople, Samsung Inc smartphone wars with Apple, Single customer infrastructure assessing sufficiency of returns, Smartphone wars in North America, South Australia mandatory industry codes of conduct, SPI Electricity application for Tribunal review, Standard of proof in price signalling legislation, State and Territory governments access regimes, Stigler, George on barriers to entry, 95 Sunk costs barriers to entry and, Supply Supreme Court (US) on reverse payment settlement agreements, Swanson Committee reviews TPA, 133 Takeovers see Mergers/acquisitions Technical substitutes smartphone wars and, 79 Telecommunications industry Fine Print Project, regulatory consensus in, Termination clauses in telecommunications contracts, Third party access regimes see Access regimes Trade defence system European Union, Trade mark infringement brand appropriation litigation, Trade or commerce Trade Practices Act 1974 (Cth) see also Competition and Consumer Act 2010 (Cth) s 87B undertakings, 47 Trade Practices Amendment (Infrastructure Access) Act 2010 (Cth) Fortescue Metals application and, 7 Trade Practices Commission response to reviews of, Trade Practices Consultative Committee reviews by, Transactions, application of pressure in law of misleading conduct and, Tribunals see Names of specific tribunals Unconscionable conduct allegations of, in New Zealand consumer law, 233 Undue harassment provisions ASIC Act 2001 (Cth), Uneconomical competing constructions of, criterion in Pilbara decision, move to natural monopoly test, Unilateral disclosures price signalling and, , Unilateral variation clauses in telecommunications contracts, 220 United Energy application for Tribunal review, United Kingdom predatory lending in, 28-30, (2013) 21 AJCCL 323

7 price signalling legislation, United States pay for delay controversy, predatory lending in, 20, 27-28, price signalling legislation, Unsolicited goods and services in New Zealand consumer law, Unsubstantiated representations NZ consumer law prohibits, 230 Vaccines litigation regarding, Vacuum cleaner maintenance checks sharp practice, Vertically integrated projects assessing sufficiency of returns, Wagga Wagga Gas Distribution Network revocation of coverage application, 273 Western Australia Gas Networks (WAGN) (2013) 21 AJCCL