The Competition & Consumer Act is regulated by the Australian Competition & Consumer Commission (“ACCC”). This Act seeks to promote competition within the marketplace and prohibits business practices that seek to, or otherwise have the effect of restricting competition.
Prohibited conduct includes:
- Seeking to obtain an agreement with competitors about fixing the price of certain products (also known as cartel conduct);
- Disclosing details of pricing, shares, rebates with competitors;
- Resale price maintenance. This is where a manufacturer exerts pressure on the party reselling goods to consumers to set their price at a certain level;
- Exclusive dealing whereby a business only supplies goods on the condition that the other party refrain from obtaining goods from any other business;
- A corporation with large market power from taking steps to eliminate a competitor from the market or deterring/ preventing entry into the market.
Allegations of anti-competitive conduct can be investigated by ACCC and contraventions can result is substantial fines being issues against the company.
If your company is being investigated or facing proceedings with respect to anti-competitive conduct, we recommend that you contact our office and arrange an appointment to see one of Competition & Trade Solicitors in our Sydney office. For a complete listing of our offices, please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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