Construction industry

Anticompetitive conduct and unfair business practices affecting the commercial construction sector is a focus area for the ACCC.

This page sets out information and resources on competition and business issues that are relevant to the sector.

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  Competition issues

  The ACCC’s role in the construction industry is to detect, investigate and stop anti-competitive behaviour including:

  • serious cartel conduct (including bid rigging, market sharing and price fixing)
  • secondary boycotts
  • exclusive dealing
  • agreements or concerted practices which substantially lessen competition
  • misuse of market power (including predatory pricing)
• 
  Australian Consumer Law provisions

  Under the Australian Consumer Law (ACL), the ACCC also has a role in protecting individuals and businesses from unfair, unconscionable or coercive behaviour.

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  Unfair contract terms

  Small businesses are protected from unfair contract terms in standard form contracts. The law applies if at least one of the parties is a small business (employs less than 20 people) and the upfront price payable under the contract is no more than $300 000 or $1 million if the contract is for more than 12 months.

• 
  Unconscionable conduct

  The ACL prohibits businesses from engaging in ‘unconscionable conduct’ in their dealings with consumers and other businesses.

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  Coercion

  The ACL provides that a person must not use physical force, undue harassment or coercion in connection with the supply of goods and services. Coercion involves force or compulsion or threats of force or compulsion negating choice or freedom to act.

Complaints and inquiries

You can seek guidance on an issue or report your complaint via phone, live chat or online submission to the ACCC’s Infocentre

Our anonymous reporting tool allows you to provide a tip-off, report what you know or engage in a two-way online conversation about cartel conduct, directly with an ACCC investigator.

  Anonymously report a cartel

Apply for immunity for cartel conduct

The ACCC immunity and cooperation policy for cartel conduct sets out our policy in relation to applications for immunity from proceedings by those involved in cartel conduct, and how cooperation provided to the ACCC by cartel participants will be recognised.

If you believe you may be involved in a cartel, be the first to apply for immunity from prosecution in exchange for helping us with our investigations, by contacting: cartelimmunity@accc.gov.au