Trade Practices update

Legislation

At the end of 2005, the Government’s response to the Dawson Review, the Trade Practices Legislation Amendment Bill (No.1) 2005 was amended in the Senate. The Government announced that it wanted the Bill passed in its entirety and would re-introduce it. But no timetable has been announced yet.

However the Government has announced its intention to introduce the following Bills this year:

Trade Practices Amendment Bill (No. 1)
– implement the government’s response to the Senate Inquiry into the Effectiveness of the Trade Practices Act 1974 in Protecting Small Business

Trade Practices Amendment Bill (No. 2)
– introduce criminal penalties for serious cartel conduct and for related purposes

Trade Practices Amendment Bill (No. 3)
– better regulate component pricing; and make amendments in relation to the regulation of Australian energy markets and for related purposes

Trade Practices Amendment Bill (No. 4)
– amend the Trade Practices Act 1974 in response to the 2000 Ergas Review into intellectual property and for related purposes

The Trade Practices Amendment (Personal Injuries and Death) Bill was passed on 27 February 2006. The Bill excludes damages for personal injuries arising from misleading or deceptive conduct under the Trade Practices Act.

ACCC guidelines

Draft merger guidelines

Immunity Policy for cartel conduct

Draft Guide to Exclusive dealing notifications (including third line forcing)

 

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