My article on Australia’s Digital Platform Inquiry is now in podcast form …

The ACCC has released a consultation paper on facilitating participation of intermediaries in the Consumer Data Right (CDR) regime. It is seeking views on ‘how the CDR rules should permit the use of third party service providers that collect or facilitate the collection of CDR data from data holders on behalf of accredited persons (‘intermediaries’)’.

The ACCC has raised preliminary concerns that iNova’s proposed acquisition of pharmaceutical developer Juno PC would ‘limit competition in the market for weight loss medication’.

The ACCC has raised preliminary concerns about the proposed sale of Pacific Magazines to Baeur Media.

Submissions on the Statement of Issues (SoI) are due by 14 February 2020 with a proposed announcement date of 2 April 2020.

The ACCC has indicated it will not oppose Seven West Media’s proposed acquisition of Prime Media Group. This decision is subject to a certain divestiture undertaking made to the Australian Communications and Media Authority (ACMA).

Katharine Kemp and Rob Nicholls have a piece in today’s The Conversation discussing the federal government’s response to the recommendations made by the ACCC in its Digital Platforms Inquiry.

The Australian Government has released its much anticipated response to the ACCC’s Digital Platforms Inquiry.

The ACCC has raised preliminary concerns about the merger of global publishers Cengage Learning and McGraw-Hill Education, noting the merger would bring together two of the four biggest publishers in higher education worldwide.

Two Sydney roofing companies - ANZ Roofing Pty Ltd and Ivy Contractors Pty Ltd - have provided enforceable undertakings to the ACCC acknowledging that they had discussions on pricing following Sydney hailstorms and that this was likely to have constituted attempted price fixing.

Liza Carver, Patrick Clark and Tomas Kemmery have published their thoughts on the ACCC’s first enforcement proceedings under the new effect test for misuse of market power.

The ACCC has instituted proceedings against Tasmanian Ports Corporation Pty Ltd alleging misuse of market power. This is the first ACCC proceeding under the amended (post-Harper) s 46.

The ACCC is seeking comments on a possible class exemption from competition laws for for liner shipping. This is in line with recommendations of the Harper Review and would ‘help clear the way for repeal of Part X’ of the CCA.

The ACCC has released its final report on Customer loyalty schemes. It calls for legislative reforms to protect consumers, including in relation to data practices and privacy.

Nominations for the 2020 Antitrust Writing Awards are now open.  The present Call for Nominations concerns 3 types of publications: Best Articles … Soft Laws … Best Student Papers …

The ACCC has announced it will not oppose the proposed acquisition ‘of the Tasmanian forestry assets of funds managed by Resource Management Service LLC (RMS) by funds advised by Global Forest Partners LP (GFP)’.

The ACCC has announced it is proposing to authorise Qantas, BP Australia and independent BP petrol stations to ‘collectively participate in the BP Rewards, Qantas Frequent Flyer and Qantas Business Reward programs’.

ACCC Chair, Rod Sims, has spoken at the RBB Economics Forum, calling for greater recognition of the ‘economic costs of allowing anti-competitive mergers. He also spoke about improving the effectiveness of consumer laws.

In a speech to the Consumer Policy Research Conference, ACCC Chair, Rod Sims, warned that the acquisition of smaller rivals by digital platforms may threaten consumer choice and privacy.

The private proceedings by B&K Holding against Garmin Australasia (QUD66/2018) have been dismissed by consent and without admissions (18 November).

The ACCC has indicated it will not oppose ANZ Terminals Pty Ltd’s proposed acquisition of GrainCorp Bulk Liquid Terminals after ANZ Terminals provided a court-enforceable undertaking to divest its Osborne facility in South Australia and after GrainCorp’s bulk liquid facility at Port Kembla was excluded from the transaction. The undertaking to divest and exclusion of the Port Kembla facility were sufficient to alleviate the ACCC’s competition concerns.