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)
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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.
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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.
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
ABCC Memorandum of Understanding
The ACCC and ABCC have entered into a memorandum of understanding to promote effective co−operation and communication between the Agencies and to assist each Agency in the performance of its roles and responsibilities, including decision−making, and to contribute to the effective regulation of the building and construction sectors.
Memorandum of Understanding between the Australian Competition and Consumer Commission and the Australian Building and Construction Commission ( PDF 4.45 MB )
Related ACCC Media Releases
ACCC takes action against alleged roof tiling cartel participants
ACCC takes action over alleged attempted cartel for National Gallery of Australia tender
Court action against Hutchinson and CFMMEU over alleged boycott
UGL to restore shorter payment terms for small business suppliers
Sydney hailstorm described as ‘perfect opportunity’ to increase prices
CFMEU to pay $1m in penalties for secondary boycott
Action over alleged market sharing cartel in the overhead crane industry
Action against Bluescope for alleged cartel conduct
EGR to pay 6m penalty for exclusive dealing in the polycarbonate roofing market
Full Federal Court orders 206m in penalties against Cement Australia companies