Competing fairly in professional services
Like all businesses, professionals and their associations must compete fairly and avoid engaging in anti-competitive behaviour such as cartels, exclusive dealing, unfair dealing or unconscionable conduct.
Competing fairly
Industry associations & professional services
Professional service providers, such as doctors, dentists, vets, engineers, architects and lawyers, operate in a competitive marketplace and must comply with the Competition and Consumer Act 2010. Professional and industry associations must also be aware of and comply with their obligations under the Act.
Notification
Notification is an alternative process to authorisation that is available where parties propose to engage in small business collective bargaining, exclusive dealing or resale price maintenance.
Market sharing
Market sharing occurs when competitors agree to divide or allocate customers, suppliers or territories among themselves rather than allowing competitive market forces to work.
Cartels
Businesses that make agreements with their competitors to fix prices, rig bids, share markets or restrict outputs are breaking laws and stealing from consumers and businesses by inflating prices, reducing choices and damaging the economy.
Imposing minimum resale prices
A supplier may recommend that resellers charge an appropriate price for particular goods or services but may not stop resellers charging or advertising below that price.
Exclusive dealing
Broadly speaking, exclusive dealing occurs when one person trading with another imposes some restrictions on the other’s freedom to choose with whom, in what, or where they deal. Exclusive dealing is against the law only when it substantially lessens competition.
Collective bargaining & boycotts
It is against the law for businesses to fix prices, restrict outputs or allocate customers, suppliers or territories. But the ACCC can grant businesses an exemption providing protection from legal action under the Competition and Consumer Act when such conduct results in benefits to the public.
Fuel in regional Australia
Petrol prices in regional locations are generally higher than those in the capital cities. They are also more stable, as there are only a few regional locations with petrol price cycles.
Business rights
As a business, you have certain protections under the Competition and Consumer Act 2010 and Australian Consumer Law.