All businesses need to be aware of how competition law affects the way they operate within a particular market: what you can and can’t do, what your competitors can and can’t do, and what the ACCC can do.
Legislation sets general "fairness" parameters for commercial conduct, outlawing "misleading or deceptive conduct," and "unconscionable" conduct, covering product liability issues and product recalls. From a legal perspective, it is essential to minimise the risk of infringements, or breaches of this legislation, to avoid heavy fines, public relations and cost implications.
Every business has its own issues and its own risks, depending on its position in its market and the activities of competitors. "One size" does not fit all. Coleman Greig has specialist expertise in the area of trade practices and has been advising and representing clients in the field for many years.
We can help you with:
- Action against anti-competitive conduct engaged in by others in the market
- Competition law implications of business activities including:
- Misuse of market power
- Price fixing and resale price maintenance
- Exclusionary arrangements
- Exclusive dealing and refusals to supply
- Disputes about misleading or deceptive conduct in commercial dealings
- The parameters of "unconscionable conduct"
- Implementing and managing product recalls.
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
Staying competitive and operating fairly in Australia’s dynamic marketplace requires a sharp understanding of competition and consumer law. These essential rules shape how businesses interact with one another and their customers. Falling foul of these laws – even unintentionally – can lead to severe penalties, costly disputes, and significant damage to your reputation.
At Coleman Greig Lawyers, we provide businesses with clear, practical, and expert legal advice on Australian competition and consumer law. We will help you navigate this complex regulatory landscape, understand your obligations and rights, and implement strategies to establish compliance, minimise risk, and operate with total confidence.
Understanding Competition and Consumer Law in Australia
Competition and consumer law in Australia is primarily governed by the Competition and Consumer Act 2010 (Cth). It sets broad standards for business conduct, protecting consumers, and promoting fair competition. This area of law covers crucial aspects impacting your business:
- Anti-Competitive Conduct: Prohibits practices like price fixing or market sharing that harm competition, risking severe penalties if breached.
- Consumer Guarantees: Grants consumers automatic rights regarding goods and services’ quality and fitness for purpose, which businesses generally cannot contract out of.
- False or Misleading Advertising: Outlaws conduct likely to mislead customers or other businesses in trade or commerce, risking significant fines even if unintentional.
- Price Fixing / Cartel Activity: A serious offence where businesses illegally agree not to compete, risking major financial penalties and other serious consequences.
- Unfair Contract Terms: Protects consumers and small businesses from unfair terms in standard form contracts, potentially invalidating key clauses in your agreements.
How the ACCC Regulates Australian Competition and Consumer Law
The Australian competition and consumer law landscape is actively enforced by the Australian Competition and Consumer Commission (ACCC). The ACCC is the independent authority responsible for ensuring businesses comply with these laws.
The ACCC has significant powers to investigate potential breaches and take action that directly affects businesses:
- Investigations: Requiring businesses to provide information or documents.
- Seeking Penalties: Pursuing substantial financial penalties through the courts.
- Initiating Court Proceedings: Taking legal action against businesses for alleged contraventions.
- Issuing Infringement Notices: Applying fines for certain types of breaches without court action.
- Requiring Compliance Programs: Mandating businesses implement internal procedures to prevent future issues.
Understanding how the ACCC operates is key to managing risks under competition and consumer law in Australia.
Our Legal Services in Competition & Consumer Law
Awareness of how competition law affects your operations is essential – understanding what you can and cannot do, and the ACCC’s powers.
While legislation sets general “fairness” parameters, applying these to your specific business requires specialist expertise to minimise infringement risks and avoid heavy fines and public relations costs.
Every business faces unique risks depending on its market. “One size” certainly does not fit all. Coleman Greig Lawyers has specialist expertise in competition and consumer protection law, with extensive experience advising and representing clients. We provide the practical guidance necessary to navigate this complex area effectively.
Our legal services in competition and consumer law include:
ACCC Investigations & Responses
Prompt, expert legal advice is critical if contacted by the ACCC. We help businesses respond effectively to investigations and enforcement action:
- Advising on rights and obligations during investigations.
- Managing responses to formal information requests.
- Representing your interests in ACCC negotiations.
- Defending businesses in court proceedings initiated by the ACCC.
- Taking action against competitor conduct harming your business.
Risk Audits & Contract Review
Proactive review is the best defence. We identify and mitigate competition and consumer law risks:
- Conducting compliance audits of your business practices.
- Reviewing and drafting contracts and policies for ACL compliance.
- Advising on implications of specific business activities (e.g., pricing, dealing arrangements).
- Assisting with product liability issues and recalls.
Compliance Training & Business Policy
Making sure your team understands their obligations. We build robust internal procedures:
- Designing tailored competition and consumer law training programmes.
- Developing clear internal compliance policies.
- Providing ongoing counsel for compliance questions.
Dispute Resolution & Litigation
When disagreements or allegations arise, skilled representation is essential. We resolve disputes and conduct litigation:
- Handling disputes involving misleading or deceptive conduct.
- Advising on and litigating cases concerning “unconscionable conduct.”
- Representing clients in actions seeking damages from breaches.
- Using negotiation or court processes for favourable outcomes.
Choosing Coleman Greig Lawyers means gaining a trusted legal partner who understands the intricacies of Australian competition and consumer law and how they apply directly to your business.
WHO We Help
Our expertise in competition and consumer law assists a diverse range of businesses across Australia. Compliance is mandatory for almost all operations. We provide essential legal support for:
- SMEs & Start-ups: Ensuring compliant launch and ongoing practices.
- Franchisors/Franchisees: Navigating industry-specific legal issues.
- Manufacturers & Wholesalers: Addressing supply chain and product compliance.
- Retail & eCommerce: Focusing on online terms, advertising, and consumer guarantees.
- Advertising & Marketing Agencies: Advising on compliant campaign conduct.
- Industry Associations: Guidance on competition law risks for members.
Get Trusted Competition & Consumer Law Advice
The risks of non-compliance with competition and consumer law in Australia are substantial. Abiding by these rules and managing potential ACCC attention requires expert legal guidance to protect your business and reputation.
Coleman Greig Lawyers offers the specialist knowledge and practical support necessary to meet obligations, mitigate risks, and handle disputes effectively. We provide clear, confident advice for lawful and secure business operations.
Take the first step towards streamlined compliance and fortified legal standing.
Frequently Asked Questions (FAQs)
Accordion Title
What is the difference between competition law and consumer law?
Competition law focuses on preventing anti-competitive conduct between businesses to ensure fair markets. Consumer law protects consumer rights in their interactions with businesses, covering areas like guarantees, misleading conduct, and unfair contract terms.
Which businesses in Australia must comply with competition and consumer law?
Generally speaking, all businesses operating in Australia must comply, regardless of size or structure. Certain rules, like those on unfair contract terms, have specific applications to small businesses.
What are the potential consequences of breaching competition and consumer law?
The consequences can include significant financial penalties, court orders, injunctions, damages claims, reputational damage, and even criminal penalties for serious cartel conduct.
What is 'misleading or deceptive conduct'?
This is a broad prohibition against conduct in trade or commerce that is likely to mislead or deceive. It covers false claims, deceptive advertising, and can apply even without intent.
