The new government initiative on trade practices regulation in telecommunications - another failure

Article Abstract:

Revisions to the proposed Telecommunications Bill 1996 and the Trade Practices Amendment (Telecommunications) Bill 1996 in Australia were intended to soften the impact of earlier drafts, but the revisions are likely to add confusion and administrative complexity. The trade practices provisions identify the procedures that the Australian Competition and Consumer Commission must follow to issue competition notices. The revisions identify exemption order standards and provide the Australian Communications Authority with enforcement power.

Telecommunications, Telephone Communication, Telecommunications services industry, Telecommunications industry

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A bombshell on unconscionable conduct

Article Abstract:

The Victorian Supreme Court's ruling in Olex Focas Pty. v. Skodaexport Co. may pave the way to the more expansive application of section 51AA of the Trade Practices Act 1974 to unconscionable conduct. The Court found that, while Skoda's efforts to extract additional payment concessions out of the plaintiff were not fraudulent, they could be considered unconscionable. The Court found that the fact that the defendant was acting within its legal rights did not preclude a finding of unconscionability.

Contracts, Unconscionable, Unconscionable contracts, Victoria, Australia

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The Australian Competition & Consumer Commission gets serious about unconscionability

Article Abstract:

Measures taken to ensure that the Australian Competition and Consumer Commission can properly administer the 'unconscionable conduct' provisions of the Trade Practices Act are discussed. The measures increase funding and the appointment of special commissioners to oversee the provisions and provide small business consumers and the Commission with broad powers to challenge unconscionable conduct.

Australia, Restraint of trade

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