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Regulators lead businesses in monitoring of misconduct
As regulators and law enforcement increasingly rely on advanced data analytics for monitoring and surveillance, the risk is growing that they will detect …
After Hayne – What next for regulatory enforcement in Australia?
With Australian agencies adopting an increasingly robust stance after the Hayne Royal Commission, we scan the FinReg horizon.Chastened by public …
Exploring Opportunities: Managing competition issues whilst allowing businesses to collaborate (Australia)
The COVID-19 pandemic has resulted in a rush of applications to the ACCC seeking to authorise coordination as between competitors which might otherwise …
Australia's courts publish reasons for clearing Vodafone/TPG merger
We assess the Federal Court's decision to overrule competition regulators to back $15bn telecoms merger. On 13 February 2020, the Federal Court of …
Directors and ESG disclosure – The risks will only get bigger
With activist investors and NGOs prowling, firms making flimsy ethical claims will increasingly end up in courtIn the context of BlackRock’s climate …
ACCC continues focus on tech and essential services as part of broad ranging priorities
The ACCC’s 2020 enforcement priorities provide an insight into its focus areas and a preview of matters that are likely to develop over the course of …
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws (RG 209), which landed …
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The …
FinReg Insights – The 2020 Outlook
Our financial services team surveys the landscape and highlights the themes that will define the regulatory agenda through 2020Global outlook The …
Product Intervention Powers and Design and Distribution Obligations in Financial Services: A cross-border perspective
Many regulators view their ability to intervene as one of their key supervisory tools to reduce harm in cases where there is a risk of significant …
ACCC v Medibank Private Limited: Court finds no misrepresentation in regards to out-of-pocket medical expenses
The Federal Court has found against the ACCC in considering changes to Medibank’s coverage for certain out-of-pocket expenses and related representations …
Environmental laws trump Linc Energy creditors
Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ …
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