The Code provides mechanisms for parties to a franchise agreement to try and resolve disputes in a timely and cost effective manner.
Competition and Consumer Act 2010
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.
Statutory exemption for certain prohibitions is available under the Competition and Consumer Act for export agreements if specific notification requirements are met.
The informal merger review process enables merger parties to seek the ACCC’s view on whether the proposed acquisition is likely to have the effect of substantially lessening competition.
The Franchising Code of Conduct is a mandatory industry code across Australia that regulates the conduct of franchising participants towards each other.