February
2009
Welcome to the HWL Ebsworth Trade Practices
Newsletter.
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The Cartel Conduct Bill, which
introduces jail terms of up to 10 years for breaches of the Trade
Practices Act has now been introduced to Federal Parliament. Some
earlier problems, such as problems for the franchise industry, have
been fixed. The Bill still, however, casts a wide net in which even
inadvertent conduct can be caught by the criminal provisions. The
changes mean that an effective trade practices compliance program will
be even more important than ever before. Read more >>
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Advertised prices and quotes
for most products will need to be "all inclusive" from May this year.
Car dealers advertising cars prices "plus dealer delivery charge" or
airlines advertising air fares without taxes included could now
face a penalty of up to $1.1 million per offence. Read more >>
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"Was/now" pricing or "dual
ticket" pricing (eg, advertising specials in a form such as "Was $199 / Now $99.50")
is one of the most common ways for businesses to promote products and
sales. The ACCC, however, is often concerned that such promotions
can mislead if the claimed "was" price is not genuine. In a
recent case brought against Prouds Jewellers by the ACCC, the Full
Federal Court has provided valuable guidance on its approach to this
form of advertising.
Read more >>
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The Senate Economics Committee
has found that the current unconscionable conduct provisions favour big
business and require reform. Its report, which considered proposals for
reform such as introducing a broad duty to act in good faith or a much
wider definition of ‘unconscionable conduct’ has foreshadowed further
review of these provisions this year. Read more >>
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Regards,
HWL Ebsworth Lawyers
Trade
Practices 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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