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The ACCC administers the Competition and Consumer Act, and has standing to take action in the Federal Court of Australia to enforce its provision. [8] The Competition and Consumer Act contains a broad range of provisions, such as provisions on anti-competitive conduct, the Australian Consumer Law and regulation of telecommunications and energy industries. [9]
Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd, [1] (Baxter) was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the Trade Practices Act 1974 (TPA, Australian legislation governing anti-competitive behaviour) in its trade and commerce in ...
Predatory pricing occurs when a company sets its prices below cost for a sustained period for one of the anti-competitive purposes referred to above. In November 2008, the TPA was amended again to make clear the circumstances when corporations had 'taken advantage' of their market power.
The ACCC may grant immunity based on assessment of the public benefits and anti-competitive detriments of the conduct, through the 'notification' or 'authorisation' process. Such exemptions do not apply to resale price maintenance or misuse of market power. The ACCC maintains a public register of authorisations and notifications.
"The inquiry’s view is that commercial barriers set up by Cabcharge are best addressed by the ACCC and the Reserve Bank of Australia, who oversee and enforce regulation of anti-competitive behaviour in payment systems markets and the efficiency of the payment systems and are best placed to ensure regulatory consistency between the states." [27]
The Australian Consumer Law was developed by agreement of the Council of Australian Governments. [3]The Competition and Consumer Act 2010 (referred to as Australian Consumer Law) was enacted into legislation by the Parliament of Australia to provide a more robust framework of protection for consumer transactions within Australia.
Anti-competitive behavior refers to actions taken by a business or organization to limit, restrict or eliminate competition in a market, usually in order to gain an unfair advantage or dominate the market. These practices are often considered illegal or unethical and can harm consumers, other businesses and the broader economy.
[10] [11] At the time of his appointment, many competition lawyers expected Sims to take a "tougher" line on anti-competitive conduct than his predecessor. [12] In 2013 and 2014, Sims' ACCC pushed supermarket companies Coles and Woolworths to limit the size and scope of so-called "shopper dockets" that were seen as undercutting small businesses ...