Competition between businesses in the marketplace benefits consumers, businesses and the economy. Restricted trading and conditional contracts can impede competition which affects all participants in the market.
Businesses that seek to restrict another’s freedom to choose with whom, in what or where it deals, should consider the effect of such limitations on competition within the market. Businesses who are concerned about breaching s47 of the CCA should consider seeking an exemption from the ACCC. In general, an exemption will be allowed where the public benefits flowing from the conduct are greater than any public detriment caused.