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October 2008
Welcome to the HWL Ebsworth Trade Practices
Newsletter.
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With the appointment of Richard
Westmoreland, HWL Ebsworth continues to cement its growth in size and
expertise by appointing a partner practising purely in trade practices
law. Read more »
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Key facts:
- Legislation
providing criminal penalties for cartel conduct will be introduced
into Parliament by the end of 2008.
- Penalties
include jail terms of up to 10 years.
- Criminal
provisions will no longer require proof of ‘dishonesty’ -
‘knowledge’ or ‘belief’ that you are engaging in cartel conduct
will be sufficient.
- Criminal
offence provisions remain wide and complex. A wide range of
conduct could fall within the criminal provisions.
- As with
the first draft, this Bill does not just introduce criminal
sanctions, it also largely re-writes the civil TPA competition
prohibitions. The new rules are wider than current, and some of
the exemptions narrower.
- Not just
new arrangements are caught - giving effect to existing
arrangements will also be caught. An arrangement involving
competitors that is currently legal may therefore be illegal in
2009.
- Joint
ventures and other arrangements with competitors will all need to
be reviewed for compliance with the new provisions. In some cases,
notifications to the ACCC or authorisation may be required.
Read more »
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Legislative amendments are
likely to change significantly the way suppliers are allowed to
advertise their prices and show GST components of their pricing. Read more »
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Regards,
HWL Ebsworth Lawyers
Commercial Group
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Disclaimer
The information provided in this document is in summary form and is
designed to alert clients to developments of general interest.
The information is not comprehensive, is not
offered as advice and should not be used to formulate business or other
fiscal decisions.
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