Professions & competition

The Australian Consumer Law is the single national consumer law for Australia, which is contained in a schedule to the Competition and Consumer Act 2010.

By enforcing the Australian Consumer Law, the ACCC provides for the protection of consumers in their dealings with professionals. Examples of different types of professions include:

  • health related: doctors, dentists, physiotherapists, podiatrists, pharmacists
  • non-health related: architects, engineers, veterinarians, surveyors, lawyers.

Definition of a profession
The Australian Council of Professions definition of a profession.

Application of the Competition and Consumer Act to the professions
The application of Part IV of the Competition and Consumer Act and the Australian Consumer Law to professionals.

Competition issues in the professions
Broad issues of concern across all professions; Types of restrictions on competition.

How is the Competition and Consumer Act enforced?
Legal proceedings; Enforceable undertakings as an alternative to legal proceedings.

Authorisations & notifications
Authorisatons and notifications of certain conduct as a mechanism for checks and balances.

Dealing with other professionals
Fee setting; Collective boycotts

Dealing with consumers
Promotional activities; Representations made by professionals regarding their fees, charges and services; Unconscionable conduct in consumer transactions.

Professional associations
Price negotiation; Recommended fee scales; The role of associations.

Medical practitioners
Medical rosters; Medical workforce issues; Credentialling rights at hospitals; RACS application for authorisation; RACGP authorisation on fee agreements.

Ethical and fiduciary duties v's competition laws
Is the relationship between a professional and client a fiduciary one? Fiduciary obligations — incompatible with competition laws?

Emerging professions
Potential anti-competitive or misleading practices in emerging professions.

Related topics on the ACCC website

Professions & competition in News releases
Professions & competition in Speeches
Professions and competition in Publications