Competition and Consumer Act 2010

ACCC takes action against Get Qualified Australia for alleged misleading and unconscionable conduct

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Get Qualified Australia Pty Ltd (Get Qualified). The ACCC alleges that Get Qualified made false or misleading representations and engaged in misleading and unconscionable conduct in connection with its supply of services to consumers seeking recognition of their prior learning to gain qualifications.

The ACCC has also brought proceedings against Get Qualified’s sole director, Mr Adam Wadi, alleging he was knowingly concerned in Get Qualified’s contraventions. 

ACCC updates guidance material on information gathering powers

The Australian Competition and Consumer Commission has today released updated guidelines on its use of mandatory information gathering powers under the Competition and Consumer Act 2010 (the CCA). This includes a basic guide for individuals and small businesses.

Section 155 of the CCA contains compulsory information gathering powers that the ACCC can use to require parties to provide information and documents, or give evidence under oath or affirmation.

ACCC takes action against Volkswagen over diesel emission claims

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against German company Volkswagen Aktiengesellschaft (VWAG) and its Australian subsidiary, Volkswagen Group Australia Pty Ltd (VGA) (together, Volkswagen), alleging they engaged in misleading or deceptive conduct, made false or misleading representations and engaged in conduct liable to mislead the public in relation to diesel vehicle emission claims.

The ACCC alleges that between 2011 and 2015:

Guideline for Part XIC declaration provisions for telecommunication services

A guideline to the declaration provisions for telecommunications services under Part XIC of the Competition and Consumer Act 2010.

Part IIIA access undertaking guidelines

The Part IIIA access undertaking guidelines provide information on submitting, varying or withdrawing an access undertaking pursuant to Part IIIA of the Competition and Consumer Act 2010.

 

 

ACCC warns businesses time is running out to review their standard form contracts for unfair contract terms

Australian Competition and Consumer Commission Deputy Chair Dr Michael Schaper says that he is concerned that many sectors remain unprepared for changes coming into effect in November when existing unfair contracts provisions for consumers are extended to include small businesses.

ACCC Chairman reports on key court actions, mergers and market studies

There is a wide range of court cases underway, our merger review record is strong, and market studies are now a core part of our work, ACCC Chairman Rod Sims said this evening at the Law Council of Australia’s workshop in Sydney.

With Australia’s first criminal cartel charges now before the court, Mr Sims said the ACCC wants to lay strong foundations for a continuing program of cases.

“We have ten to twelve in-depth criminal investigations and we are aiming for a steady stream of one to two criminal cases per year.”

Privatisation needs smarter regulation

Australian Competition and Consumer Commission Chairman Rod Sims says he looks forward to a continuing debate on the regulation of monopolies and privatisation today as part of a panel session at the annual ACCC/AER Regulatory Conference in Brisbane.

The panel session will consider the appropriate regulatory framework for monopoly infrastructure, including when it is privatised.

Small business concerns continue to rise

Small business enquiries and complaints to the national competition agency continue to grow, topping more than 7,600 contacts in the first half of 2016.

"We're continuing to see an increasing number of contacts from the Australian SME sector. These contacts have been particularly concerned about misleading conduct by other firms, consumer guarantees, and agricultural issues," ACCC Deputy Chairman Dr Michael Schaper said.