The climate is now right for Australia to embark on a third wave of competition and consumer policy law reform, ACCC Chairman, Mr Graeme Samuel, said today. The proposed reforms already foreshadowed to the Trade Practices Act 1974, include changes to the misuse of market power and predatory pricing provisions, legislating against so-called creeping acquisitions, the introduction of criminal sanctions for cartel conduct and reforms to the whole framework of consumer protection. Mr Samuel said... ...Read more »

Following legal action by the Australian Competition and Consumer Commission, the Federal Court has declared that Nudie Foods Australia Pty Ltd made misleading claims about two of its juice products, Rosie Ruby and Rosie Blue, and breached the consumer protection provisions of the Trade Practices Act 1974. Nudie represented that the Rosie Ruby juice was solely Cranberry Cloudy juice and the Rosie Blue juice solely Cranberry Blueberry juice when in fact both the juices predominately comprised reconstituted... ...Read more »

Major legislation changes are likely to be recommended when the ACCC release their report into the competitiveness of the grocery industry, based on comments made by ACCC Chairman Graeme Samuel yesterday. Speaking at a lunch hosted by the Australian Institute of Company Directors, Mr Samuel indicated that he thought certain companies may have provided them with information that they would have preferred to keep secret.”The public hearings enabled us to put some people under the pump to find... ...Read more »

Over the past 10 months, Australia’s national consumer protection agency, the Australian Competition and Consumer Commission (ACCC) has taken action for misleading labelling against food products produced by Arnott’s Biscuits, Tasti Products (Weight Watchers), Nudie Foods, Natur-all (Go Natural) and Harvey Fresh. One of Australia’s leading food industry lawyers, Joe Lederman of the law firm FoodLegal, who is also an Adjunct Professor of Law at Deakin University, believes the ACCC’s crackdown... ...Read more »

The Horticultural Code, introduced last year, could soon be extended to incorporate retailers. The code currently regulates trade in horticulture produce between growers and wholesale traders to encourage greater clarity and commercial transparency in transactions between these parties. It was also set-up to provide an alternative to litigation by setting out an effective and inexpensive way of resolving disputes that may arise between growers and traders. The Australian Competition and Consumer... ...Read more »

The ACCC are making food and beverage manufacturers more accountable for their labelling claims as they continue their crackdown on misleading and deceptive conduct. The latest company to come under scrutiny from the ACCC has been beverage manufacturer, Harvey Fresh. Harvey Fresh (1994) Ltd has acknowledged the ‘100% juice’ claim on the label of its 250mL Apple & Blackcurrant fruit juice product was wrong and may have misled consumers. Harvey Fresh had manufactured and distributed... ...Read more »

Packaging of a number of Arnott’s biscuits in the Snack Right range have been declared to be misleading under final orders obtained by consent from the Federal Court, following Australian Competition and Consumer Commission action.The Federal Court declared that Arnott’s Biscuits Limited breached the Trade Practices Act 1974 by engaging in conduct likely to be false, misleading or deceptive in relation to the packaging and labelling of the following Snack Right products: Snack Right... ...Read more »

The Federal Government has mooted changes to legislation which will provide the ACCC with greater powers to crackdown on companies engaging in the practice of predatory pricing. The legislation is another attempt by the government to stimulate competition and reduce spiralling prices, particularly in the food industry. Minister for Small Business, Chris Bowen, outlined the changes at the Trade Practices and Corporate Compliance Conference and indicated the changes would help stimulate competition.... ...Read more »

The Australian Competition and Consumer Commission announced today that it had concluded its investigations into allegations that Bakers Delight engaged in misleading and deceptive and unconscionable conduct towards franchisees in operating its franchise system. Having conducted an in-depth investigation, including analysing a large amount of documentary evidence and conducting a number of detailed interviews with various witnesses the ACCC has decided not to take any further action. This... ...Read more »

A small business owner has admitted to misleading jobseekers, including international tourists, about the availability of work in Taree and other parts of New South Wales and Queensland. Mr Richard Alexander Roberson, trading as Backpacker Employment Services published a number of advertisements in local newspapers in the mid north coast of New South Wales area offering fruit picking jobs. Mr Roberson represented that: fruit picking jobs were available in a variety of locations, including the Taree... ...Read more »