Consumer and Competition Law Update
As the ACCC continues to crack down on businesses, the industry is now facing significant changes to the unfair contract regime. Now is the time to consider whether your clients or your organization’s current contracts could fall foul of the new regime. Gain information on the expected reforms and evaluate the impact of anti-competitive conduct in the finance sector. Understand the reasoning behind establishing misleading conduct and learn how to avoid competition and consumer law risks. WEB233N61Z
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Nick Christiansen, Partner, Sparke Helmore Lawyers
2.00pm to 2.45pm Unfair Contract Terms Reform on the Horizon
Making unfair contract terms illegal was a key election promise of the Labor government.
- Update on the current status of the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022, which was introduced into Parliament in September 2022
- Outline of the key changes to unfair contracts and explain how they will affect dealings between businesses
- Recap on what constitutes an unfair term and drafting tips on how to avoid them when preparing standard form agreements, with reference to recent case law
- Understand the serious consequences of non-compliance with the unfair contracts protections
Presented by Melissa Fraser, Partner, Ashurst; Who's Who Legal Future Leader, Competition; Best Lawyers, Sydney – Competition Law; Legal 500 Next Generation Partner, Competition and Trade
2.45pm to 3.30pm Fair Trading Issues in Relation to Sustainability: "Greenwashing" and Industry Collaboration
In this session you will explore:
- Misleading environmental claims and areas of regulator focus
- Industry cooperation and sustainability agreements and managing cartel risks
Presented by Rosannah Healy, Partner, Allens
3.30pm to 3.45pm Break
3.45pm to 4.30pm Misleading or Deceptive Conduct: Recent Cases and Increasing Penalties
The prohibition against misleading and deceptive conduct in the Australian consumer law is one of the most litigated provisions in Australia. Engaging in misleading or deceptive conduct can result in serious penalties (with substantial increases to the maximum penalties currently proposed) and reputational damage for businesses.
- Examine the key components of establishing misleading or deceptive conduct
- Explore decisions in recent enforcement action taken by the ACCC against prominent businesses
Presented by Nahum Ayliffe, Principal Solicitor, KHQ Lawyers
4.30pm to 5.15pm Anti-Competitive Conduct in the Financial Sector
- Explore key developments and issues arising in respect of competition within the Australian financial sector
- The ACCC announced that its 2022/23 priorities will include the promotion of competition in the financial services sector, with a focus on payment services
- The ACCC’s priorities also included the investigation of alleged anti-competitive conduct in this area. Within 3 months of this announcement, the ACCC commenced proceedings against MasterCard for alleged misuse of market power and exclusive dealing in its engagement with merchants following the Reserve Bank of Australia’s introduction of its ‘Least Cost Routing’ initiative.
Presented by Sian Ooi, Special Counsel, Clayton Utz
Presenters
Nick Christiansen
Nick is a commercial litigator specializing in complex commercial disputes, including class actions, competition and consumer law claims and regulatory actions, and corporations law proceedings. His competition and consumer law practice covers restrictive trade practices and anti-competitive conduct, the trade conduct protections, advertising and marketing, consumer guarantees, and franchising law and regulation. He also acts in corporate and personal insolvency litigation, advises corporate clients in non-contentious insolvency and restructuring matters, and acts for leading banks and financial institutions in enforcement and regulatory compliance matters.
Melissa Fraser
Melissa Fraser is partner in Ashurst's APAC Competition team. Melissa's practice focuses on competition/antitrust matters and includes enforcement litigation and investigations, strategic advisory work, merger clearance and compliance matters. She is expert in the Australian Consumer Law and has advised extensively on the unfair contract terms regime, unconscionable conduct, misleading conduct and product safety issues and recalls. Her impressive client following in the important financial services, healthcare, infrastructure and FMCG sectors is a direct result of the excellent results she achieves for her clients. Melissa is recognized in Who's Who Legal – Future Leader, Competition; Best Lawyers, Sydney – Competition Law; and as a Next Generation Partner, Competition and Trade in Legal 500. Australia Legal 500 says: "Melissa Fraser has a wonderful focus on clients; she delivers great results in competition matters, fully aligned with the client’s objectives and ways of working.".
Rosannah Healy
Rosannah is a competition and consumer law specialist, handling complex ACCC investigations and merger clearances. She is a trusted advisor to leading Australian companies in the grocery, retail, telecommunications, healthcare, banking, energy and automotive sectors, among others. She is experienced in conducting compliance audits and developing compliance programs and has particular expertise assisting large consumer facing businesses to effectively manage regulatory risk. Rosannah is a go to advisor in ACCC market inquiries, acting for major industry participants in the ACCC's Dairy Inquiry, Retail Electricity Inquiry, Residential Mortgage Inquiry, Foreign Exchange Inquiry, Home Loans Inquiry and Perishable Goods Inquiry. Rosannah is an active member of the Competition and Consumer Committee of the Business Law Section of the Business Council of Australia, and regularly contributes to law reform and policy.
Sian Ooi
Sian has a sophisticated understanding of all aspects of competition and consumer law including: complex anti-trust litigation, merger clearance, investigations and enforcement action by the Australian Competition and Consumer Commission and other regulators in concentrated and regulated industries. Sian also has extensive expertise advising on Australian third party access and utility infrastructure regimes in Part IIIA of the Competition and Consumer Act 2010 (Cth), as well as specialist access regimes including Part XIC of the CCA and the National Gas Law. Sian works with clients to provide clear, risk-based, and timely advice on complex competition and regulatory issues.