The ACCC has prepared guidelines that set out our position on the investigation and enforcement of possible contraventions of the Competition and Consumer (Gas Market Emergency Price) Order 2022 (the Order).
The guidelines also cover the new provisions under the Competition and Consumer Act 2010 prohibiting conduct which avoids applying the Order.
The guidelines were originally published on 17 January 2023 and entitled ‘interim’ to reflect the ACCC’s desire to continue to engage with industry on issues which may arise during the price cap period. These guidelines were updated on 3 March 2023 to reflect a change to ‘Example 5: Take or Pay Arrangements’ and a consolidation of the commentary and examples on avoidance schemes described throughout the guidelines into ‘Example 8 - Avoidance Scheme’.
On 9 June 2023, these guidelines were finalised without any further changes following the updates made on 3 March 2023.