Public consultation
The ACCC invited comments and submissions on the draft guidelines on the repeal of subsection 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA).
Business responsibilities
Guidelines on the repeal of subsection 51(3) of the CCA
The ACCC has released final guidelines on the repeal of subsection 51(3) of the CCA. The guidelines set out the ACCC's current understanding and interpretation of the law in order to assist businesses and intellectual property rights-holders following the repeal.
Significant concerns with customer loyalty schemes
Customer loyalty schemes, including frequent flyer, supermarket and credit card operators, must ensure they are not misleading consumers according to an ACCC draft report released today for comment.
The ACCC’s Customer Loyalty Schemes draft report highlights a number of concerns:
ACCC finds food franchisors not disclosing critical information
The ACCC has found that franchisors in the food services sector are commonly providing inadequate information to potential franchisees.
In its most recent round of compliance checks of the franchising industry, the ACCC reviewed disclosure documents from a sample of 12 franchisors in the food services sector and found many were problematic.
Inquiry into Murray-Darling Basin water markets commences
The ACCC has commenced an Inquiry into markets for tradeable water rights in the Murray-Darling Basin.
As a formal inquiry under the Competition and Consumer Act 2010, the ACCC will have access to compulsory information gathering powers that will enable a thorough examination of competition and transparency issues in the markets.
Franchising and the ACCC address
ACCC Deputy Chair Mick Keogh addresses the Franchise Council of Australia’s National Conference regarding the ACCC’s role in franchising, its submission to the Franchise Inquiry and some recent enforcement actions.
Action against Mitolo for alleged unfair contract terms
The ACCC has instituted proceedings against Mitolo Group Pty Ltd and a related entity (together, Mitolo) alleging that several terms in Mitolo’s standard form contracts with potato farmers are unfair contract terms, and that Mitolo has breached the Horticulture Code in its dealings with farmers.
“This is the first court action the ACCC has taken under the newly introduced Horticulture Code and our first unfair contract terms action in the agriculture industry,” ACCC Deputy Chair Mick Keogh said.
Country of origin food labelling surveillance to commence
After 1 July, Australian consumers will have much greater certainty about the origins of the food they buy, due to the introduction of mandatory Country of Origin food labelling. The ACCC will conduct market surveillance checks on 10,000 food products to ensure businesses are correctly displaying the new labels.
All businesses–including manufacturers, processors and importers that offer food for retail sale in Australia–will need to comply with the Country of Origin Food Labelling Information Standard, which specifies how claims can be made about the origin of food products.
Release of the OECD’s Pecuniary Penalties for Competition Law Infringements in Australia report speech
ACCC Chairman Rod Sims' speech on the release of the OECD’s Pecuniary Penalties for Competition Law Infringements in Australia report.