Showing posts with label Financial services law and regulation. Show all posts
Showing posts with label Financial services law and regulation. Show all posts

June 18, 2014

Expert legal commentary: New Frontlines in Regulating Unconscionable, Unfair, and Bad Faith Business Conduct

By Professor Bryan Horrigan

 

Overview

Professor Bryan Horrigan
In the last few months since the inaugural edition of The Monash Law e-Briefing, developments have continued on multiple fronts in the regulation of unconscionable, unfair, and bad faith business conduct. The ACCC v Lux case reached its end point in the High Court. The ACCC announced proceedings against Coles for alleged unconscionable conduct towards suppliers. The ANZ bank fees case is heading to appeal. The Abbott Government finalised its panel and terms of reference for the much-publicised ‘root and branch’ review of competition law. The Government also released proposed legislation on new franchising reforms, including the introduction of an obligation of good faith in franchising agreements.

These regulatory and litigious developments are of topical interest to commercial and consumer lawyers, competition and financial regulators, and businesses of all kinds and their corporate counsel. They are also relevant for policy-makers and law-makers, public lobby groups and industry peak bodies, and academics and students who study commercial law, competition law, consumer law, franchising law, contract law, and equity.

February 10, 2014

Expert legal commentary: Abbott Government’s ‘Root and Branch’ Review of Competition Law and Unconscionable Business Conduct

Professor Bryan Horrigan
By Professor Bryan Horrigan
Dean, Faculty of Law, Monash University

The Bottom Line
Unconscionable business conduct towards small business and consumers is a growth area for regulatory reform as well as ‘test case’ advice and litigation. So, what should the Abbott Government’s ‘root and branch’ review of competition law (‘“root and branch” review’) do with the regulation of unconscionable business conduct towards small business? The Government’s draft terms of reference for this review clearly signal that reforming business-to-business unconscionability and extending the ‘unfair contracts regime’ to small business are both clearly on the agenda of possible outcomes. These two areas of possible reform are linked, in ways outlined in this comment.