Competition Law & Regulatory Compliance

KHQ News & Insights

TPG fined for infringing spam laws

In a warning to businesses which engage in email marketing, telecommunications giant TPG has been fined by the Australian Communications & Media Authority (ACMA) for breaching the Spam Act 2003 (the Act). Background Under the Act, businesses sending commercial electronic messages, such as e-newsletters and marketing emails, must comply with (amongst other things) three key … Read more

Court rules Meriton manipulated online reviews

The Federal Court has found that Meriton Serviced Apartments (Meriton) engaged in misleading and deceptive conduct regarding online reviews of its properties posted on the TripAdvisor website. Background to the case TripAdvisor provides a “Review Express” service to participating businesses.  A participating business provides TripAdvisor with the contact details of customers who have consented to … Read more

ASB in hot pursuit of Apple Music & Delta Goodrem for reckless advertising

The Advertising Standards Board (“ASB”) has criticised an Apple Music television commercial featuring Australia singer and The Voice judge Delta Goodrem, and determined that it breached prevailing community standards about safe driving. What happened? The ad, broadcast during the finale of The Voice, features Goodrem in the passenger seat of a convertible BMW choosing an … Read more

Advertising regulation and influencers – AANA revises Code of Ethics

Advertising in Australia is regulated by various laws and codes, including the Australian Association of National Advertisers (AANA) Code of Ethics. The Code is administered by the AANA, the advertising industry’s self-regulatory body. Influencer marketing has exploded in recent years, as brands seek new ways to reach target audiences and ‘tell a story’. And where … Read more

Harvey Norman franchises under ACCC fire

Since 2013, the ACCC has successfully prosecuted nine Harvey Norman franchisees across the country in relation to false and misleading representations regarding the consumer guarantees provisions under the Australian Consumer Law. And it has just claimed its 10th scalp. The Federal Court found that Bunavit Pty Ltd, a former Harvey Norman franchisee located in Queensland, … Read more

Nurofen’s targeted pain

Early last year, the ACCC took action against Reckitt Benckiser (Australia) Pty Ltd regarding the Nurofen ‘targeted pain’ range (click here to read our blog about it). In December 2015, the Federal Court found that Reckitt Benckiser had indeed engaged in misleading representations in relation to this range of products. Specifically, the Court found that … Read more