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ACCC action on attempted cartel conduct in financial services industry

Posted on by influence legal.

influence legal competition lawLate last month the ACCC announced that it has commenced consent proceedings against ANZ and Macquarie in relation to allegations of attempted cartel conduct.

The proceedings involve conduct in 2011, when traders at Macquarie and ANZ, as well as other banks, are alleged to have communicated in private chatrooms about submissions to be made to the Association of Banks in Singapore about the benchmark rate for the Malaysian ringgit (MYR), and the Macquarie and ANZ traders are alleged to have tried to make arrangements with other banks to make high or low submissions.

The ACCC, ANZ and Macquarie have agreed on facts and penalties to be submitted to the Federal Court. The proposed penalties are $9 million for ANZ and $6 million for Macquarie, as well as costs contributions. Continue reading ACCC action on attempted cartel conduct in financial services industry

Franchisors – are you ready for the new unfair contracts rules?

Posted on by influence legal.

NotebookThe new unfair contracts rules will apply to protect small businesses in standard contracts that are made or varied from 12 November 2016.

Franchisors should already have amended their agreements and disclosure documents, and included the new information statement in their document packages, following the earlier amendments to the Franchising Code of Conduct that took effect last year.

Franchisors also need to remember to keep their disclosure documents up to date.

The unfair contract rules protect small business by prohibiting standard contract provisions which: Continue reading Franchisors – are you ready for the new unfair contracts rules?

Focus on privacy issues for IoT businesses

Posted on by influence legal.

network-782707_1280-copyThe OAIC has recently reviewed privacy issues surrounding Internet of Things businesses in Australia.

The review was undertaken as part of the Global Privacy Enforcement Network’s (GPEN) fourth annual privacy sweep.  GPEN’s 2016 sweep included results from 25 national agencies and reviewed 314 businesses and devices such as wearables, smart TVs and health monitors.  The results showed significant numbers of those businesses failing to explain to consumers how their personal information is collected, used, disclosed and safeguarded.  Many also did not offer assistance to consumers to help them manage default settings, delete data or wipe their data if the device was lost.

For the Australian section of the sweep, the OAIC reviewed 45 different devices from existing and start-up businesses.  The devices reviewed ranged from fitness monitors to thermostats.  Of these devices, over 30 were considered to have inadequate or non-existing privacy policies to explain to consumers how their personal information would be managed.

The OAIC has foreshadowed that it will publish resources for start-ups to assist them in developing appropriate policies.

Like other businesses, IoT businesses need to be aware of the thresholds for privacy compliance, and also the reputational need for compliant privacy procedures.

Contact us if you would like to arrange a review of your privacy policy.

AOC suffers setback in preventing Olympic Games ambush marketing

Posted on by influence legal.

swimming-pool-594204_1920The Australian Olympic Committee has released a statement following last week’s Federal Court decision to dismiss its application against Telstra in relation to Olympic Games-themed advertising promoting Seven’s “Olympics on 7” app.

The Telstra ads prompted consumers to “Go to Rio with the ‘Olympics on 7’ app” and described Telstra as the “Official technology partner of Seven’s Olympic Games coverage”.

Telstra last year ended its longstanding sponsorship of the Australian Olympic Team.

Continue reading AOC suffers setback in preventing Olympic Games ambush marketing

IOC changes Games advertising rules

Posted on by influence legal.

Photo: tinaboldIn the lead-up to the Rio Olympic Games, it’s worth noting that the International Olympic Committee last year issued guidelines relaxing Rule 40 of the Olympic Charter, which prevents competitors and team personnel from appearing in non-sponsor advertising during the Games period.

However the 2015 guidelines didn’t go as far as some athletes hoped or as some reports have suggested. The guidelines allow non-sponsors to continue with pre-existing, non-specific campaigns during the Games period, as long as the campaign has been approved in advance by the IOC or the relevant National Olympic Committee.

Restricted terms include Rio, victory, summer, performance and games, where the advertisement otherwise suggests a connection.

The IOC’s social media guidelines also restrict athletes’ ability to engage in non-sponsor promotions, so it’s by no means a free-for-all.

The Olympic Games advertising blackout period runs from 27 July to 24 August, and then from 30 August to 21 September for the Paralympic Games.

Submissions due on OAIC’s draft big data guide

Posted on by influence legal.

The Office of the Australian Information Commissioner is calling for submissions on its draft Guide to big data and the Australian Privacy Principles.

The document will not be legally binding or replace the APPs, but will be used by the OAIC as a reference point. As such, some elements of the guide are broad-brush – such as the recommendation not to be “creepy” – while other recommendations are more specific.

Key recommendations in the draft include: Continue reading Submissions due on OAIC’s draft big data guide

Private vocational training provider admits consumer law contraventions

Posted on by influence legal.

Careers Australia Group Limited has provided enforceable undertakings to the ACCC after admitting false or misleading conduct and unconscionable conduct in contravention of the Australian Consumer Law.

The ACCC confirmed this week that Careers Australia will repay Commonwealth funds, cancel enrolments and invite students to have their VET FEE-HELP debts cancelled.

Careers Australia admitted to conduct including:

  • misrepresenting that courses were free;
  • misrepresenting that courses would increase students’ employment prospects; and
  • offering iPads and laptops with claims that they were free if the student signed up to the course.

This conduct included signing up 80 students from the same remote Indigenous community, who were offered inducements and not informed of the debts they would incur.

The admissions highlight troubling issues in the private vocational training sector, with the ACCC and other Commonwealth and State agencies reviewing the activities of several other providers.

Productivity Commission releases draft IP report

Posted on by influence legal.

The Productivity Commission released its draft report on Australia’s intellectual property system on 29 April 2016.

The Commission has been asked to consider whether current arrangements appropriately balance access to ideas and products, and encouragement of innovation, investment and creative works.

Key recommendations Continue reading Productivity Commission releases draft IP report