Unconscionable conduct law explained

A new small business guide to unconscionable conduct law was launched today by Australian Competition and Consumer Commission Chairman, Mr Graeme Samuel.

Addressing the ACCC's Small Business Advisory Group* in Canberra, Mr Samuel said the new guide formed an important part of a suite of educative material developed specifically for small businesses.

"This guide explains this complex area of law clearly and concisely", he said. "Small businesses make an important contribution to the Australian economy and the ACCC is keen to ensure vigorous—but fair—competition between all.

"The unconscionable conduct provisions of the Trade Practices Act 1974 do not try to stop competition between businesses, particularly when negotiating with each other. These provisions will not apply when one party is merely driving a hard bargain, nor do they require a business to put the interests of another party ahead of its own".

The guide contains simple English explanations of unconscionable conduct law, and how it might apply to common business situations. It also contains examples of the difference between hard bargaining and unconscionable conduct, and seeks to educate small businesses on this key element of the law.

"This guide adds to our existing small business information about the Act and its application to small businesses".

The guide is available free of charge from ACCC offices in all capital cities and Townsville or from the ACCC Infocentre on 1300 302 502. It will also be available from the ACCC website, www.accc.gov.au.

Background

*The Small Business Advisory Group consults with the ACCC, especially bringing the ACCC's attention to particular trade practices issues that affect small business. It allows the ACCC to inform the small business community about ACCC activities. It meets quarterly.