In brief The Court of Justice of the European Union (CJEU) has held that Article 6a(1) and (2) of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (“Directive 98/6”) must be interpreted as meaning that a price reduction of a product announced by a trader in the form of a percentage, or in the form…
The Australian Competition and Consumer Commission (ACCC) has sent a shot across the bows of retailers using discount pricing claims on long-term prices that remain the same for many months. In brief The ACCC commenced Federal Court proceedings on 23 September against Coles and Woolworths alleging that the two major supermarket have misled consumers by using their “Down Down” and “Prices Dropped” pricing claims in cases where the prices were actually higher than, or the…
The Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 will, for the first time, apply penalties to unfair contract terms and will increase maximum penalties under the CCA and ACL five-fold. In brief On 28 September 2022, the Government introduced the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (“Bill”). If passed, the Bill will: Introduce a civil penalty regime prohibiting the use of and reliance on unfair contract terms (UCTs) in standard…