A business with a substantial degree of power in a market is not allowed to engage in conduct that has the purpose, effect or likely effect of substantially lessening competition in a market. This behaviour is referred to as ‘misuse of market power’. It is not illegal to have, or to seek to obtain market power by offering the best products and services.
In most cases, businesses have the right to decide who they do business with. There are a few circumstances, where a suppliers' refusal to supply is breaking the law.
Certain business practices that limit or prevent competition are against the law. It is important that businesses understand their rights and obligations at all times and, in particular, when dealing with wholesalers, suppliers and other businesses.
Under the Trade Marks Act 1995, the ACCC has responsibilities in relation to the approval of Certification Trade Marks.
Statutory exemption for certain prohibitions is available under the Competition and Consumer Act for export agreements if specific notification requirements are met.