Electricity market misconduct regulation

  • The Competition and Consumer Act 2010 bans certain types of misconduct that harm competition in electricity markets.
  • Retailers must pass sustained and substantial reductions in their costs onto consumers.
  • Generators must not try to lessen competition by limiting access to electricity hedging contracts.
  • Generators must not make fraudulent bids or try to distort prices in electricity spot markets.

What the ACCC does

  • We monitor and enforce compliance with Competition and Consumer Act 2010 rules on electricity market misconduct.

What the ACCC can't do

About energy market regulation

Most energy market regulation is the responsibility of the Australian Energy Regulator, which enforces the National Energy Laws.

The ACCC also has a role in energy.

What we do in energy regulation

Part of the ACCC's role is to monitor and enforce compliance of electricity generators and retailers with special electricity market rules in the Competition and Consumer Act 2010.

These rules ban certain behaviours that harm competition and consumer welfare.

Read the ACCC Guidelines on Part XICA - Prohibited conduct in the energy market for more information on how the ACCC interprets the rules.

Market rules we enforce

Retail pricing

When there is a sustained and substantial drop in the cost of procuring electricity, retailers must pass these savings onto consumers by lowering their market offer prices.

Financial contract liquidity

Generators must not try to substantially lessen competition by preventing or limiting access to electricity hedging contracts.

Electricity spot market bidding

When bidding in electricity spot markets, generators must not bid fraudulently, dishonestly or in bad faith, or try to distort or manipulate prices.

The legal basis of our work

The functions we perform come from Part XICA of the Competition and Consumer Act 2010.

Part XICA was introduced by the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Act 2019.

See also

Industry ombudsmen and dispute resolution

Australian Energy Regulator

Electricity market monitoring inquiry 2018-25

Energy Made Easy

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