Author: Norton Rose Fulbright LLP

Client Update – business-to-business contract terms

In the ACCC’s first successful case under the new business-to-business unfair contract terms provisions, the Federal Court has declared (by consent) that eight terms of the standard form contracts of JJ Richards & Sons Pty Ltd (JJ Richards) for waste disposal are unfair, and therefore void, where the other party is a small business. The unfair contract terms provisions1, which previously only applied to consumers, were extended in November 2016 to cover small businesses. In early 2017, the ACCC announced that ensuring small businesses received the protection of the unfair contract terms law would be a key enforcement and...

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Imminent Australian competition law changes present new risks and opportunities

The framework for authorising and notifying conduct under the Act has been improved and the ACCC will be now empowered to make class exemptions and merger assessments, having regard to public benefits, not just competitive impacts. Merger clearance Currently the ACCC conducts merger clearance assessment, employing the test of whether or not the transaction would have the effect, or likely effect, of substantially lessening competition. Only the Australian Competition Tribunal may review proposed mergers by considering the public benefit of the transaction. Shortly, the ACCC will be permitted to make a decision in the first instance by reference to...

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US Financial Restructuring Newswire

With the combination of Chadbourne & Parke and Norton Rose Fulbright, we are continuing our publication of the International Restructuring Newswire under a new name the Norton Rose Fulbright US Financial Restructuring Newswire. This quarterly publication will focus on developments in the US and on cross-border cases between the US and other countries. Feature articles Firm...

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