Although the matter did not involve alleged CCA breaches, a key objective of the ACCC’s involvement in the Commonwealth’s intervention and High Court appeal was to clarify the law. The Commonwealth’s position was that the principles in Barbaro should not be applied to civil penalty matters. Differences between a criminal prosecutor and a regulator were emphasised as was determining a sentence in criminal proceedings and relief in civil proceedings. The ACCC was a lead agency involved in managing and coordinating the Commonwealth’s intervention and High Court appeal.
65.International collaboration The ACCC continued to engage closely with competition and consumer protection counterparts around the world. The need for international cooperation has grown as trading across jurisdictional borders has become more frequent and consumers are exposed to more complex transactions occurring across multiple jurisdictions. This particularly applies to trade with Australia’s Asian neighbours with the growth in trade and investment between Australia and Asia where it is expected to result in an increase in Australian competition matters (such as merger and cartel investigations) with an Asian nexus. Recognising the value of effective competition and consumer protection regulation and regional cooperation, the ACCC continues to commit efforts to relationship and capacity building in the Asia Pacific region and beyond. The ACCC regularly engages and exchanges information with regulators in other countries on a range of matters, including product safety, consumer and competition investigations and regulatory developments. This quarter the ACCC:
received and responded to 27 requests for information from international agencies including in Brazil, Canada, China, the European Union, Japan, New Zealand, Panama, the Philippines, Singapore, UK and the USA
made 20 requests for information to agencies in Brazil, Canada, France, the European Union, Germany, New Zealand, Taiwan, UK, and the USA, and
met with delegations from China and Japan.
66.Competition focus On 5 November the ACCC met with high level officials from the National Development and Reform Commission of the People's Republic of China (NDRC) and signed a MOU that paves the way for increased engagement between the ACCC and NDRC on international cartel investigations affecting Australian and Chinese markets. The ACCC continued to expand its capacity building assistance to countries in South East Asia through the Competition Law Implementation Program (CLIP). Funded under the Association of Southeast Asian Nations (ASEAN)-Australia and New Zealand FTA Economic Cooperation Work Program (ECWP), the CLIP aims to strengthen competition regulation and enforcement in the region. This quarter, the ACCC delivered a number of CLIP activities, including:
a workshop in Manila, the Philippines, on 3-5 November to discuss cross border anticompetitive practices, information sharing and technical assistance among the authorities enforcing competition policy and law in ASEAN
a ‘train-the-trainer’ workshop in Hue City, Vietnam on 18-20 November for officials of the Vietnam Competition Authority to assist building the VCA’s capacity to conduct internal training programs for its own staff in competition law investigations
delivery of two public advocacy workshops in Yangon, Myanmar between 23-27 November; the first workshop was directed to the Myanmar business community and the second was directed to the legal community, and
seconded an official to the ASEAN Secretariat in Jakarta, Indonesia.
As part of the broader Australian delegation, the ACCC participated in the tenth round of negotiations for the Regional Comprehensive Economic Partnership Framework held in Busan, Korea between 13 and 16 October. The ACCC’s focus is on the proposed competition chapter of the RCEP agreement. On 15-17 October the ACCC participated in and presented at the Competition Law & Policy Institute New Zealand annual conference in Auckland, New Zealand. On 19-21 October the ACCC participated in the International Competition Network (ICN) Cartel Working Group Workshop in Cartagena, Colombia. Between 26-30 October the ACCC participated in the OECD Competition Committee meetings in Paris. Highlights of the meetings included a roundtable on cartels involving intermediate goods; a hearing on across platform parity agreements affecting online markets; and a session on market studies. Between 15-20 November the ACCC participated in the Economics Institute for Competition Enforcement Officials seminar in Hawaii, USA. The program is targeted at regulatory or competition officials. On 30 November the ACCC attended and presented at the 11th Asian Competition Forum on regulatory transparency in Hong Kong. On 1-2 December the ACCC attended the 4th meeting of the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA), Competition Committee in Siem Reap, Cambodia. Between 2-4 December the ACCC participated in the OECD Korea Policy Centre seminar on merger remedies in Jeju Island, Korea. 67.Consumer Protection focus On 13-15 October the ACCC participated in the International Consumer Protection Enforcement Network (ICPEN) Best Practice Workshop held in Manchester, UK On 20-21 October the ACCC attended and presented at the International Consumer Product Health & Safety Organisation (ICPHSO) symposium in Billund, Denmark. On 22-23 October the ACCC participated in the OECD Product Safety Bureau Meeting in Paris, France On 14-15 December the ACCC attended the 2nd ASEAN Consumer Protection Conference in Bangkok, Thailand. 68.Infrastructure regulation focus Between 2-6 November the ACCC participated in the committee hearings for the OECD Regulatory Policy Committee and the Network of Economic Regulators’ forum in Paris. Between 9-11 December the ACCC attended the United Nations (Economic and Social Commission for Asia and the Pacific) seminar on Facilitation and Costing of Railway Services along the Trans-Asian Railway (jointly organised by the International Union of Railways) in Bangkok, Thailand.
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