Since our coverage of the Kraft vs. Bega battle in our September 2019 edition of FMCG Express, the battle between food giants Bega and Kraft made it all the way to the High Court of Australia! The High Court recently refused special leave to appeal by Kraft, ultimately ruling in favour of Bega and upholding […]
ReadmoreRunning a trade promotion in both Australia and New Zealand is certainly possible, but there are some key points to consider. Read the full article below, authored in partnership with Auckland based law firm Hudson Gavin Martin. Authored by: David Smith, Partner Jessica Bell, Paralegal Cassandra Cox, Paralegal Jade Lamb, Paralegal Jason Rudkin-Binks, Partner, […]
ReadmoreOn 12 November 2020 the High Court delivered its much anticipated decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA (Calidad v Seiko). This decision is about patent rights and the extent to which they apply following the first sale of patented goods to a purchaser. When a patented product is first sold, […]
ReadmoreThe market for socially-conscious consumers who are looking to use their buying power ethically and in support of socially responsible causes is growing rapidly. This presents opportunities for businesses to engage with their customers in new ways. However, the Australian Competition and Consumer Commission (ACCC) is well aware and is looking closely at potentially misleading […]
Readmore2020 continues to be an interesting year with COVID-19 still impacting our lives and businesses, although we are cautiously optimistic that we may be turning a corner here in Australia. In this edition of FMCG Express, we bring you some useful COVID-19 reading as we grapple with the ongoing effects of the pandemic and look […]
ReadmoreWe have seen a recent overseas trend by EU and US based competition regulators to address privacy related matters within a broader competition context. This is not something we have seen occurring in Australia to any great extent although the recent introduction of the Consumer Data Right has seen both the Office of the Australian […]
ReadmoreOn 13 August 2020, the Australian Securities and Investments Commission (ASIC) issued letters to lenders, notifying them of ASIC’s expectations once the mortgage deferral period expires next month. Lenders had offered the six month mortgage repayment deferral period to their customers, in response to the COVID-19 pandemic, which debt is estimated to be worth billions […]
ReadmoreEverybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]
ReadmoreNew South Wales has introduced a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation As noted in our recent update, the Community Gaming Regulation 2020 (NSW) took effect on 1 July 2020. While the NSW government had consulted with stakeholders on a draft of the Regulation, significant changes were […]
ReadmoreThe Consumer Data Right (CDR) reached a further milestone on 1 July 2020, as the Big 4 banks are now required to share consumer data in response to a consumer request. At present, this includes data from debit and credit cards, and savings and transaction accounts, and from November 2020 will include data from home […]
ReadmoreA recent case in which Woolworths Group Limited (Woolworths) was fined $1,003,800 by the Australian Communications and Media Authority (ACMA) for over five million breaches of the Spam Act 2003 (Cth) (the Spam Act) is a stark reminder of the importance of establishing and maintaining rigorous controls to ensure that commercial electronic messages are only […]
ReadmoreMajor changes to trade promotions regulations in New South Wales take effect tomorrow (1 July 2020). The key change implemented by the Community Gaming Regulation 2020 is that a permit will no longer be required for a trade promotion with a total prize pool worth $10,000 or less. This is a significant change that will […]
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