What the ÌÇÐÄÔ­´´ does

  • We protect and promote competition in markets to benefit consumers, businesses and the community.
  • We provide general information about businesses’ obligations under competition law.
  • We investigate anti-competitive business behaviour that may be illegal.
  • We enforce the law on anti-competitive behaviour and take action against businesses that break the law.

What the ÌÇÐÄÔ­´´ can't do

  • We don’t intervene directly in disputes between businesses.
  • We don’t give legal advice.

Why competition matters

A woman shopping and looking up prices on a calculator

Competition and anti-competitive behaviour

Competition leads to lower prices, more choice and better products and services. The Competition and Consumer Act 2010 bans business behaviours that damage competition.

Types of anti-competitive behaviour

Cartels

A cartel exists when businesses agree to act together instead of competing with each other. It’s illegal for businesses to agree to act together in a cartel instead of competing.

Cooperation among businesses

It’s illegal for businesses to make contracts, arrangements or understandings, or engage in concerted practices that substantially lessen competition.

Exclusive dealing

It can be illegal to restrict a customer or supplier’s freedom to choose what it buys or sells, who it does business with or where it trades.

Minimum resale prices

Suppliers can recommend resale prices for their goods and services, but they can’t stop resellers advertising or charging a lower price.

Misuse of market power

Businesses with substantial market power must not misuse that power to stop other businesses competing on their merits.

Exemptions from competition law

About exemptions

A business that is planning an activity that will or may breach competition law can seek an exemption. This gives the business protection from legal action over the conduct.

Authorisation

Authorisation is one type of exemption. The ÌÇÐÄÔ­´´ only authorises conduct that won’t substantially lessen competition or is in the public interest.

Notification

Notification is a faster and simpler way of gaining an exemption. It removes the risk of legal action for some arrangements that risk breaking competition law.

Class exemptions

The ÌÇÐÄÔ­´´ can create a class exemption that covers a certain type of business conduct. Using a class exemption is an alternative to applying for authorisation or lodging a notification.

Export agreement exemption

Export agreements can be automatically exempted from most competition law provisions. There are requirements to qualify for this exemption.

Certification trade marks

The ÌÇÐÄÔ­´´ approves new certification trade marks, which are special logos that show consumers that a product or service meets a particular standard.

Industry-specific behaviour

Competing fairly in professional services

Like all businesses, professionals and their associations must compete fairly and avoid engaging in anti-competitive behaviour such as cartels, exclusive dealing, unfair dealing or unconscionable conduct.

Industry associations

Industry associations play an important role in providing a collective voice for individual businesses within an industry. All associations and their members have obligations under the Competition and Consumer Act 2010.

Professional associations

Professional associations must ensure their membership criteria, voluntary codes and advice to members comply with the Competition and Consumer Act 2010.

Medical professionals

Medical professionals must comply with laws to ensure fair competition and protect consumers.

Subscribe to the ÌÇÐÄÔ­´´ competition law newsletter

Keep up with all the latest news and developments in competition law and cartel enforcement actions.

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ÌÇÐÄÔ­´´ action on competition and exemptions

ÌÇÐÄÔ­´´ authorises fuel majors to coordinate to ensure fuel supplies, with conditions

The ÌÇÐÄÔ­´´ has granted an urgent interim authorisation to the Australian Institute of Petroleum, its members, and other relevant industry participants to coordinate in managing impacts to Australia’s fuel supply chain stemming from the conflict in the Middle East.
The ÌÇÐÄÔ­´´ also published its second weekly petrol and diesel price monitoring update.
See media releases on competition and exemptions