ACCC watching waterfront

The Australian Competition and Consumer Commission is watching the waterfront and shipping industries and has warned that all industry participants must comply with the provisions of the Trade Practices Act, including the provisions introduced in 1997 concerning boycotts.

'Industry participants must understand their obligations to comply with the Trade Practices Act', ACCC Chairman, Professor Allan Fels, said today. 'If necessary, the ACCC will act swiftly to enforce the Act in the public interest. 'The ACCC will enforce the Act fairly against anyone, whether they be businesses or unions and in the same manner as the Commission would enforce the Act against other anticompetitive practices.

'The ACCC will investigate complaints about any alleged breaches of the law and will also initiate its own investigations where it observes possible breaches of the Act. In taking legal action to stop alleged breaches, the ACCC will rely on information from industry participants. Anybody who believes they may be being affected by illegal activity should alert the ACCC quickly and the ACCC will consider whether there are grounds for enforcement action.'

Attached are summaries of some relevant provisions of the Trade Practices Act covering boycotts. Where persons believe there has been a breach of the Act, the ACCC is assisted by the provision of information which constitutes a basis for evidence to be used by the presented in any legal proceedings that may result.

For example, in relation to boycotts, such information typically includes descriptions in some detail of the specific behaviour of concern and descriptions of its actual effects. Attached also is a list of the ACCC's offices and contact details. Anybody can provide information about an alleged breach to these offices.

Background

Section 45D deals with secondary boycotts for the purpose of causing substantial loss or damage. This section prohibits two persons acting in concert from hindering or preventing a third person trading with a fourth person (the target) where the purpose and effect (or likely effect) of the conduct is to cause substantial loss or damage to the target.

Section 45DA prohibits secondary boycotts for the purpose of causing substantial lessening of competition. This provision prohibits two persons acting in concert from hindering or preventing a third person trading with a fourth person (the target) where the purpose and effect (or likely effect) of the conduct is to cause a substantial lessening of competition in any market in which the fourth person supplies or acquires goods or services.

Section 45DB prohibits two persons acting in concert where the purpose and effect (of likely effect) of the conduct is to prevent or substantially hinder a third person (the target) from engaging in trade or commerce involving the movement of goods between Australia and places outside Australia.

Section 45E prohibits contracts, arrangements or understandings which affect the supply of acquisition of goods and services. This section prohibits a person making an agreement with an employee organisation for the purposes of preventing or hindering trade between that person and another person (the target).


How to contact the Australian Competition and Consumer Commission:

Australian Capital Territory General Manager, Hank Spier PO Box 1199, Dickson ACT 2602 Tel: (02) 6243 1111 Fax: (02) 6243 1199

New South Wales Regional Director, Tim Howes GPO Box 3648, Sydney NSW 2001 Tel: (02) 9230 9133 Fax: (02) 9223 1092

Tamworth Assistant Director, Albert Julum PO Box 2071, Tamworth NSW 2340 Tel: (02) 6761 2000 Fax: (02) 6761 2445

Victoria Acting Regional Director, Tony Mineely GPO Box 520J, Melbourne VIC 3001 Tel: (03) 9290 1800 Fax: (03) 9663 3699

Queensland Regional Director, Alan Ducret PO Box 10048, Adelaide Street P.O., Brisbane QLD 4000 Tel: (07) 3835 4666 Fax: (07) 3832 0372

Townsville Assistant Director, Paul Arscott PO Box 2016, Townsville QLD 4810 Tel: (07) 4771 2712 Fax: (07) 4721 1538

Northern Territory Director, Derek Farrell PO Box 3056, Darwin NT 0801 Tel: (08) 8943 1499 Fax: (08) 8943 1455

South Australia Regional Director GPO Box 922, Adelaide SA 5001 Tel: (08) 8205 4242 Fax: (08) 8410 4155

Western Australia Regional Director, Lee Hollis PO Box 6230, East Perth WA 6892 Tel: (08) 9325 3622 Fax: (08) 9325 5976

Tasmania Regional Director, Peter Clemes GPO Box 1210M, Hobart TAS 7001 Tel: (03) 6234 5155 Fax: (03) 6234 779