Miller's Aust Comp and Cons Law Annotated 43 edition 2021

The 43^rd edition of Miller’s includes over 226 revised annotation paragraphs, 87 cases and 62 new annotation paragraphs including:

• Consumer rights – increased monetary threshold for the application of the Australian Consumer Law from $40,000 to $100,000 with effect from 1 July 2021.
• Consumer protection: electricity industry – annotations of the new prohibited conduct regime which came into effect on 10 June 2020.
• Cartels – Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) [2020] FCAFC 30 clarifying the law on aiding and abetting attempted cartel conduct.
• Mergers – ACCC v Pacific National Pty Ltd [2020] FCAFC 77, the latest Full Court decision on mergers.
• Consumer protection – ACCC v TPG Internet Pty Ltd [2020] FCAFC 130 in which a Full Court cast doubt on the "significant" or "substantial" proportion of persons requirement to establish whether the relevant class of the public is likely to be misled.
• Franchising Code – extended, with effect from 1 June 2020, to include provisions a specific to dealership agreements for new vehicles.
• Proposed Digital Media Code – the controversial proposal for a mandatory news media bargaining code.
• Access Regime – the latest Full Court decision, Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145, clarifying Part IIIA and the role of the ACCC.
• Penalties – ACCC v Geowash Pty Ltd (No 4) [2020] FCA 23 explaining the “same conduct” penalty rule when two penalty regimes are involved, and ACCC v Medibank Private Ltd [2020] FCA 1030 on the “course of conduct” principle and as a recent example of mitigating circumstances warranting a reduction in penalty.
• Compliance programs – a recent example from ACCC v HealthEngine Pty Ltd [2020] FCA 1203.
• Food and Grocery Code – updated with effect from 3 October 2020, following the recommendations of the Independent Review of the Food and Grocery Code of Conduct by Graeme Samuel AC.
• Damages – the latest High Court decision, Berry v CCL Secure Pty Ltd [2020] HCA 27, explaining the approach to assessing damages for value of the lost opportunity.
• Country of origin – authority by regulation, with effect from 1 October 2020, to prescribe one or more processes deemed to satisfy the definition of “substantially transformed”.
• Consumer protection – the latest Full Court example, ACCC v Woolworths Group Ltd [2020] FCAFC 162, on what a “future matter” involves.

General Downloads

• Millers 2021 media kit [PDF 1174486]