
The 43rd edition of Miller’s includes over 226 revised annotation paragraphs, 87 cases and 62 new annotation paragraphs Consumer rights – increased monetary threshold for the application of the Australian Consumer Law from $40,000 to $100,000 with effect from 1 July 2021. Consumer electricity industry – annotations of the new prohibited conduct regime which came into effect on 10 June 2020. Cartels – Country Care Group Pty Ltd v Director of Public Prosecutions (Cth) [2020] FCAFC 30 clarifying the law on aiding and abetting attempted cartel conduct. Mergers – ACCC v Pacific National Pty Ltd [2020] FCAFC 77, the latest Full Court decision on mergers. Consumer protection – ACCC v TPG Internet Pty Ltd [2020] FCAFC 130 in which a Full Court cast doubt on the "significant" or "substantial" proportion of persons requirement to establish whether the relevant class of the public is likely to be misled. Franchising Code – extended, with effect from 1 June 2020, to include provisions a specific to dealership agreements for new vehicles. Proposed Digital Media Code – the controversial proposal for a mandatory news media bargaining code. Access Regime – the latest Full Court decision, Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal [2020] FCAFC 145, clarifying Part IIIA and the role of the ACCC. Penalties – ACCC v Geowash Pty Ltd (No 4) [2020] FCA 23 explaining the “same conduct” penalty rule when two penalty regimes are involved, and ACCC v Medibank Private Ltd [2020] FCA 1030 on the “course of conduct” principle and as a recent example of mitigating circumstances warranting a reduction in penalty. Compliance programs – a recent example from ACCC v HealthEngine Pty Ltd [2020] FCA 1203. Food and Grocery Code – updated with effect from 3 October 2020, following the recommendations of the Independent Review of the Food and Grocery Code of Conduct by Graeme Samuel AC. Damages – the latest High Court decision, Berry v CCL Secure Pty L