دانلود کتاب Annotated competition and consumer legislation

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Full Title
Copyright
Publisher’s Note
Features of this Publication
Overview — Developments in Competition and Consumer Law in 2016/2017
Table of Cases
Table of Contents
Competition and Consumer Act 2010
Comparative Tables
Commonwealth and state comparative provisions
Table of Remedies
Maximum civil pecuniary penalties under the ACL
Consumer rights concerning guarantees for the supply of goods
Consumer rights concerning guarantees for services
Action for damages against manufacturers of goods
Australian Competition and Consumer Act 2010 — Penalties and Remedies Overview
Table of Provisions
Table of Amendments
Pt I — Preliminary
Pt II — The Australian Competition and Consumer Commission
Pt IIA — The National Competition Council
Pt III — The Australian Competition Tribunal
Pt IIIAA — The Australian Energy Regulator (AER)
Pt IIIAB — Application of the Finance Law
Pt IIIA — Access to Services
Pt IV — Restrictive Trade Practices
Pt IVA — Unconscionable Conduct [Repealed]
Pt IVB — Industry Codes
Pt IVC — Payment Surcharges
Pt V — Carbon Tax Price Reduction Obligation
Pt VA — Liability of Manufacturers and Importers for Defective Goods [Repealed]
Pt VB — Price Exploitation in Relation to a New Tax System [Repealed]
Pt VC — Offences [Repealed]
Pt VI — Enforcement and Remedies
Pt VIA — Proportionate Liability for Misleading and Deceptive Conduct
Pt VIB — Claims for Damages or Compensation for Death or Personal Injury
Pt VIC — Infringement Notices [Repealed]
Pt VID — Substantiation Notices [Repealed]
Pt VII — Authorisations, Notifications and Clearances in Respect of Restrictive Trade Practices
Pt VIIA — Prices Surveillance
Pt VIII — Resale Price Maintenance
Pt IX — Review by Tribunal of Determinations of Commission
Pt X — International Liner Cargo Shipping
Pt XI — Application of the Australian Consumer Law as a Law of the Commonwealth
Pt XIAA — Application of the Australian Consumer Law as a Law of a State or Territory
Pt XIA — The Competition Code
Pt XIB — The Telecommunications Industry: Anti-Competitive Conduct and Record-Keeping Rules
Pt XIC — Telecommunications Access Regime
Pt XID — Search and Seizure
Pt XII — Miscellaneous
Pt XIII — Application and Transitional Provisions Relating to the Competition Provisions
Schedule 1 — The Schedule Version of Part IV
Schedule 2 — The Australian Consumer Law
REGULATIONS
Competition and Consumer Regulations 2010
Table of Provisions
Table of Amendments
Pt 1 — Preliminary
Pt 2 — General
Pt 2A — Review by Tribunal of Access Determinations
Pt 2B — Telecommunications Access Regime
Pt 3 — International Liner Cargo Shipping
Pt 4 — Anti-competitive Disclosure of Pricing and Other Information
Pt 5 — Authorisations, Notifications and Clearances in Respect of Restrictive Trade Practices — Prescribed Matters
Pt 6 — Australian Consumer Law
Pt 7 — Transitional Matters — Australian Consumer Law
Competition and Consumer Forms
Table of Schedule 1 Forms
Sch 1 — Forms — General
Table of Schedule 3 Forms
Sch 3 — Forms — Registration of Conference Agreements
Fees: Competition and Consumer Regulations 2010 (extracts)
Table of Provisions
Table of Amendments
Regulation 28
Regulation 31
Sch 1A — Matters for which No Fee is Payable
Sch 1B — Fees Payable to Commission or Tribunal for Applications and Notices
Sch 2 — Fees — Registration of Conference Agreements
Competition Policy Reform Act 1995 — Inter-Governmental Agreements
Competition Principles Agreement
Conduct Code Agreement
Agreement to Implement the National Competition Policy and Related Reforms
Competition and Infrastructure Reform Agreement
Australian Energy Market Agreement as amended in 2013
Related Legislation
Trade Practices (Industry Codes — Unit Pricing) Regulations 2009
Table of Provisions
Table of Amendments
Regulations
Schedule 1 — Retail Grocery Industry (Unit Pricing) Code of Conduct
Competition and Consumer (Industry Codes — Franchising) Regulation 2014
Table of Provisions
Table of Amendments
Regulations
Schedule 1 — Franchising Code of Conduct
Annexure 1 — Disclosure Document for Franchisee or Prospective Franchisee
Annexure 2 Information Statement for Prospective Franchisee
Competition and Consumer (Industry Codes — Oilcode) Regulation 2006
Table of Provisions
Table of Amendments
Regulations
Schedule 1 — Oilcode
Annexure 1 — Disclosure Document for Retailer or Prospective Retailer Long Form
Annexure 2 — Disclosure Document for Retailer or Prospective Retailer Short Form
Annexure 3 — Disclosure Document for Proposed Transferee
Trade Practices (Horticulture Code of Conduct) Regulations 2006
Table of Provisions
Table of Amendments
Regulations
Schedule — Horticulture Code of Conduct
Competition and Consumer (Industry Codes Food and Grocery) Regulation 2015
Table of Provisions
Table of Amendments
Regulations
Schedule 1 — Food And Grocery Code of Conduct
ANCILLARY MATERIALS
Merger Guidelines
Contents
1 — Introduction
2 — Notification threshold
3 — The competition test
4 — Market definition
5 — Unilateral effects
6 — Coordinated effects
7 — Merger factors
Appendix 1 — Relevant provisions of the Act
Appendix 2 — Acquisitions subject to the Act
Appendix 3 — Undertakings
Glossary and shortened forms
Informal Merger Review Process Guidelines
Contents
Glossary
1 — Introduction
2 — Informal merger review processes
3 — Section 87B undertakings
Appendix A — Information requirements for ACCC’s review
Formal Merger Review Process Guidelines
Contents
Glossary
1 — Mergers, acquisitions and the Competition and Consumer Act
2 — ACCC consideration of proposed mergers
3 — Formal merger clearance
4 — Varying, revoking and substituting clearances
5 — Reviewing ACCC clearance determinations
6 — Merger authorisation applications to the Tribunal
ACCC Immunity and Cooperation Policy for Cartel Conduct
Preface
A — Introduction
B — Scope of the policy
C — Civil immunity
D — Criminal immunity
E — The immunity process
F — Revocation of immunity
G — Closing an investigation/withdrawal of an immunity application
H — Cooperation policy
I — Amnesty plus
Memorandum of Understanding between the Commonwealth DPP and the ACCC regarding Serious Cartel Conduct
1 — Introduction
2 — Responsibilities
3 — Decision to investigate
4 — ACCC referral to the CDPP
5 — CDPP decision to prosecute
6 — Related criminal and civil proceedings
7 — Immunity from proceedings for a party who meets the criteria for conditional immunity under the ACCC’s Immunity and Cooperation Policy
8 — Immunity from prosecution for a party who does not meet the criteria for conditional immunity under the ACCC’s Immunity and Cooperation Policy
9 — Liaison
New National Practice Notes
GPN-EXPT — Expert Evidence Practice Notes
GPN-SURV — Survey Evidence Practice Note
Intergovernmental Agreement for the Australian Consumer Law
Preliminaries
Recitals
Definitions and Interpretation
Operation of the agreement
Implementation
Alteration of the Australian Consumer Law
Administration and Enforcement
Product Safety
Research and Advocacy
Relations with New Zealand
Withdrawal and Cessation
Review
Intergovernmental Agreement on Competition and Productivity- enhancing Reforms
Preliminaries
PART 1 — FORMALITIES
PART 2 — OBJECTIVES
PART 3 — COMPETITION PRINCIPLES
PART 4 — AREAS FOR REFORM
PART 5 — FINANCIAL ARRANGEMENTS
PART 6 — INSTITUTIONAL ARRANGEMENTS
PART 7 — IMPLEMENTATION
APPENDIX A — Regulatory reforms
APPENDIX B — Human services reforms
APPENDIX C — Infrastructure reforms
APPENDIX D — Additional productivity reforms
APPENDIX C.1 — Access to Services Provided by Means of Significannt Infrastucture Facilities
Index