What is the private disclosure of pricing information?

New provisions against anti-competitive price signalling and information disclosures came into effect on 6 June 2012.

Broadly, section 44ZZW of the Act is an outright prohibition against the private disclosure of information relating to price (including a discount, allowance, rebate or credit) to competitors where the disclosure is not in the ordinary course of business.

Currently section 44ZZW only applies to the banking sector and only in relation to the taking of money on deposit and making advances of money or loans.

The Act contains a range of exceptions to this prohbition.

For further information about the new provisions and the exceptions which apply please see the ACCC publication