Industry associations

Industry associations play an important role in providing a collective voice for individual businesses within an industry. However, associations and their members (regardless of size) must be mindful of their obligations under the Competition and Consumer Act 2010 (the Act).

Franchisee rights denied in Husqvarna code breach

The ACCC has accepted a court enforceable undertaking from Husqvarna Australia Pty Ltd after the outdoor power products subsidiary admitted it likely misled its franchisees when it stated that the Franchising Code of Conduct (FCC) did not apply to their contracts.

The ACCC took action over concerns Husqvarna’s “dealership agreements” may have contravened provisions of the FCC, and consequently section 51ACB of the Competition and Consumer Act (CCA), and made misleading representations in breach of the Australian Consumer Law (ACL).

ACCCount 1 April to 30 June 2018

ACCCount details the ACCC's activities in the enforcement of the Competition and Consumer Act 2010, merger reviews, compliance actions, adjudication issues, economic regulation and international involvement.

High Court refuses leave for electrical cable cartel appeal

The High Court has dismissed a special leave application by electrical cable manufacturer Prysmian Cavi E Sistemi S.R.L. (Prysmian), following a decision of the Full Federal Court that upheld the trial judge’s finding that the company had engaged in cartel conduct in the supply of high voltage land cables.

Prysmian is a major international cable manufacturer supplying the energy and telecommunications sectors.

The company had sought special leave to appeal against a decision handed down by the Full Federal Court in March 2018.

Almost two million deadly Takata airbags still in Australian cars

The ACCC has released comprehensive state-by-state data detailing recall rates for deadly Takata airbags, and the first data detailing progress made by various vehicle manufacturers in removing them from Australian cars.

The ACCC says one year since the ACCC started overseeing the Takata airbag recall,
1.8 million potentially deadly airbags still need replacing as part of a compulsory recall that will run until 2020.

Over the past 12 months, 1.1 million faulty Takata airbags have been replaced in around 930,000 vehicles.

Companies behaving badly?

ACCC Chair Rod Sims delivered the Giblin Lecture in Tasmania today, and shared his observations on company behaviour that drives breaches of Australia’s competition and consumer laws.

“Few companies behave badly often, but rather many engage in occasional significant instances of bad behaviour, which remains unacceptable.”

“It is often said that companies succeed by looking after the needs of their customers. I have been surprised over very many years, however, at the way in which many businesses often do precisely the opposite.”