Real life issues for small businesses are examined in the latest Australian Competition and Consumer Commission guideline, Fair game or fair go?
Launched today by ACCC Chairman, Professor Allan Fels, the guideline deals with harsh or unfair behaviour towards small business by larger parties.
"This guideline was written with the input of industry groups from the ACCCs Small Business Advisory Group network," Professor Fels said. "It reflects real life issues that have arisen in the course of settling in the new 51AC provision of the Trade Practices Act which deals with harsh or unfair behaviour by larger parties against small businesses.
"The guideline will help small business to get a fuller understanding of whether or not they have been subjected to unconscionable conduct under the Act. Importantly, it also provides practical advice on avoiding problems in commercial relationships and tips on maintaining such relationships and resolving differences."
Professor Fels said that in the first six months of this year 552 inquiries/complaints that included allegations of unconscionable conduct had been received by the ACCC.
"Of these, 161 have received further action by the ACCC," Professor Fels said. "Some are now with our legal counsel for further advice."
Professor Fels said the ACCC was not applying any special attention to create 51AC cases.
"There has been some anxiety about a Ministerial Direction, and special funding, for cases relevant to Section 51AC and small business," he said. "But the Ministerial Direction does not force the Commission to run a S.51AC case to conclusion even though it could be better settled administratively. Nor does it require a case with little merit to be run by the Commission.
"This would be totally against the Commissions method of operation. We do wish to clarify the law and will do so where the facts have legal merit and a positive outcome may be achieved by litigation".
Professor Fels also took the opportunity of the launch to introduce Mr John Martin who is the new Commissioner with responsibility for the ACCCs small business program.
"There is a great challenge in achieving wider understanding among small businesses of their rights and responsibilities under the Trade Practices Act 1974. This is the reason the ACCC was last year provided with additional resources to provide information and advice to small enterprises throughout Australia," Mr Martin said.
Launched today by ACCC Chairman, Professor Allan Fels, the guideline deals with harsh or unfair behaviour towards small business by larger parties.
"This guideline was written with the input of industry groups from the ACCCs Small Business Advisory Group network," Professor Fels said. "It reflects real life issues that have arisen in the course of settling in the new 51AC provision of the Trade Practices Act which deals with harsh or unfair behaviour by larger parties against small businesses.
"The guideline will help small business to get a fuller understanding of whether or not they have been subjected to unconscionable conduct under the Act. Importantly, it also provides practical advice on avoiding problems in commercial relationships and tips on maintaining such relationships and resolving differences."
Professor Fels said that in the first six months of this year 552 inquiries/complaints that included allegations of unconscionable conduct had been received by the ACCC.
"Of these, 161 have received further action by the ACCC," Professor Fels said. "Some are now with our legal counsel for further advice."
Professor Fels said the ACCC was not applying any special attention to create 51AC cases.
"There has been some anxiety about a Ministerial Direction, and special funding, for cases relevant to Section 51AC and small business," he said. "But the Ministerial Direction does not force the Commission to run a S.51AC case to conclusion even though it could be better settled administratively. Nor does it require a case with little merit to be run by the Commission.
"This would be totally against the Commissions method of operation. We do wish to clarify the law and will do so where the facts have legal merit and a positive outcome may be achieved by litigation".
Professor Fels also took the opportunity of the launch to introduce Mr John Martin who is the new Commissioner with responsibility for the ACCCs small business program.
"There is a great challenge in achieving wider understanding among small businesses of their rights and responsibilities under the Trade Practices Act 1974. This is the reason the ACCC was last year provided with additional resources to provide information and advice to small enterprises throughout Australia," Mr Martin said.