Competition and Consumer Act 2010

ACCC submission to the review of the Trade Practices Act

The Australian Competition and Consumer Commision's submission to the review of the Trade Practices Act.

Fair sales practices

This guide provides an overview of the rules for fair sales practices.

Consumer guarantees

The ACL provides all consumers with certain guarantees when they purchase goods and services.

Anti-competitive price signalling and information disclosures

The new provisions in the Competition and Consumer Act 2010 initially apply only to the banking sector, and only in relation to the taking of money on deposit and making advances of money or loans.

Exceptions under Commonwealth, state & territory legislation

Some Commonwealth, state and territory Acts permit conduct that would normally contravene the Competition and Consumer Act. Section 51(1) of the Act provides that such conduct may be permitted if it is specifically authorised under those other Acts.

Below is a list of the legislation that allows such conduct or provides for regulations to be made authorising particular conduct. The list includes legislation which the ACCC has been notified of or has otherwise become aware of.

Anti-competitive conduct

Section 45 of the Competition and Consumer Act prohibits contracts, arrangements, understandings or concerted practices that have the purpose, effect or likely effect of substantially lessening competition in a market, even if that conduct does not meet the stricter definitions of other anti-competitive conduct such as cartels.

Fees & forms

Your application for authorisation or notification should be in a form approved by the ACCC and accompanied by the relevant fee unless a waiver is in place.

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.