Compliance and Enforcement Policy 2013 released by ACCC

Tuesday 26 February 2013 @ 9.19 a.m. | Trade & Commerce

On 20 February the Australian Competition and Consumer Commission (ACCC) released its enforcement priorities for 2013 by way of its Compliance and Enforcement Policy document, posted to its website.

The purpose of the Compliance and Enforcement Policy as stated by the ACCC on its website :

 “is to set out the principles adopted by the  Australian Competition and Consumer Commission to achieve compliance with the law and to outline the ACCC’s enforcement powers, functions, priorities, strategies and regime”.

A brief overview of the document indicates the following priorities for the ACCC in 2013:

Main goals

  • maintain and promote competition and remedy market failure, and

  • protect the interests and safety of consumers and support fair trading in markets.

Broadly the ACCC takes action to

  • stop unlawful conduct

  • deter future offending conduct

  • where possible, obtain remedies that will undo harm caused by the contravening conduct

  • encourage effective use of compliance systems

  • where warranted, take action in the courts.

The ACCC sees it’s role as to

“… focus on those circumstances that harm the competitive process or result in widespread consumer detriment. The ACCC therefore exercises its discretion to direct resources to the investigation and resolution of matters that provide the greatest overall benefit for competition and consumers.”

Enforcement Priority

Enforcement priority by the ACCC is to matters that demonstrate some of the following factors, namely conduct which is:

  • of significant public interest or concern

  • resulting in a substantial consumer (including small business) detriment

  • unconscionable, particularly involving large national companies or traders

  • demonstrating a blatant disregard for the law

  • involving issues of national or international significance

  • detrimentally affecting disadvantaged or vulnerable consumer groups

  • in concentrated markets which impacts on small business consumers or suppliers

  • involving a significant new or emerging market issue

  • industry-wide or is likely to become widespread.

To read the document in detail and download a copy click here.

The Trade Practices and Competition and Consumer Acts are a part of one narrativewith our Competition and Consumer Point-in-Time Service. Contact TimeBase for a free trial.

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