Unit Pricing Code complaints, investigations and outcomes

The ACCC will review all complaints regarding the Unit Pricing Code (the code) that fall under our jurisdiction and take enforcement action where necessary.

We will also conduct random surveys on a national basis of retailers that are required to comply with the code.

For further information about the code or to make a complaint, contact the ACCC Unit Pricing Hotline on 1300 746 245.

Matters that the ACCC will pursue

The ACCC gives priority to matters that:

• show a blatant disregard for the law
• will cause significant public detriment
• provide outcomes that will have educational or deterrent effects
• will clarify the reach and meaning of the Act.

What is our investigation process for Unit Pricing Code matters?

If the complaint involves a potential breach of the code and/or the Competition and Consumer Act 2010 (the Act), a three-stage investigation process may be commenced:

1. Initial assessment

A preliminary assessment of the complaint is made. It may include an initial interview with the complainant to verify general information including, for example, contact details and the name of the trader. If the complaint is assessed as substantive, it is progressed to the next stage. However, in some instances it may be determined that the matter does not fall within the ACCC’s jurisdiction or is not a breach of the code or the Act.

2. Initial investigation

If the matter is assessed as substantive, it is then escalated to an ACCC enforcement officer. This is when further information and substantiation of the allegations is generally sought from the complainant and other relevant parties. This may be through conducting interviews, obtaining and examining the retailer’s premises and any documents relating to the alleged conduct and careful application of the law to the known facts.

3. In-depth investigation

Additional evidence is collected and the matter is reviewed and analysed by senior enforcement staff. If the allegations can be substantiated by reliable evidence, the matter will generally be referred to the ACCC’s Enforcement Committee for consideration. The committee is responsible for deciding the most appropriate course of action, after considering the impact the action may have on the ongoing business relationship, the national market, relief available to affected persons and the value of precedent. The committee may elect to pursue the matter through litigation or resolve it by an administrative settlement.