In the September issue (Vol 24 No 4):
The enforceability of franchise agreements in breach of the Franchising Code of Conduct
By Timothy Golder and Timothy Holden, ALLENS ARTHUR ROBINSON
In its recent decision regarding the enforceability of franchising agreements which fail to comply fully with the Franchising Code of Conduct, the High Court revisited the debate as to whether the common law remedy of illegality should apply to such agreements.
Baxter litigation finally concludes
By Kate Watts and Tova Gordon, MINTER ELLISON
Almost eight years after proceedings were instituted in the Federal Court, the ACCC has finally succeeded in securing a judgement against Baxter Healthcare Pty Ltd. The 11 August 2008 decision of the Full Federal Court that Baxter had contravened ss 46 and 47 of the Trade Practices Act 1974 (Cth) is the first contested case in over a decade where the ACCC has successfully prosecuted a company for a breach of s 46 of the TPA.
M&A NEWS: Court of Appeal says no to supermarkets' Warehouse ambitions
By Andrew Matthews, OLIVER MEECH, and Paul Mathewson MINTER ELLISON RUDD WATTS
On 1 August 2008, the New Zealand Court of Appeal released its much anticipated decision in Commerce Commission v Woolworths Ltd, a case relating to the applications by New Zealand's two major supermarket chains, Woolworths and Foodstuffs, to acquire up to 100 percent of the shares in or assets of The Warehouse.
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