Competition and Consumer Act Awareness

Course Overview

Course Update: The legislature has introduced the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 and Competition and Consumer Amendment (Competition Policy Review) Act 2017 which have amended the Competition and Consumer Act 2010.

These amendments affect our Competition and Consumer Act Awareness module as set out below:

• Third line forcing is no longer strictly prohibited and may be applied as long as it does not substantially lessen the competition in terms of the effects test;
• Collective (primary boycotts) boycotts have been placed under the scope of Cartel conduct (under Output Restrictions or controls);
• Resale price maintenance is acceptable between parent companies and their subsidiaries;
• Misuse of market power must now comply with the effects test and moved away from whether a real advantage is gained by the business asserting its market power.

This course provides an overview of the Competition and Consumer Act 2010 and how it relates to everyday business operations and dealings with customers, suppliers, competitors and other third parties. It is aimed at increasing employees' awareness of prohibited or restricted practices, as well as ensuring their compliance to lawful business conduct.

Key Content

• The objectives of the Competition and Consumer Act 2010.
• Organisation and employee responsibilities.
• Restricted trade practices.
• Australian Consumer Law (ACL).
• Consequences of a breach the Act.
• Regulatory bodies including the Australian Competition and Consumer Commission (ACCC).
• Legal defences.

Learning Outcomes

At the completion of this course, learners should be able to:

• Explain the objectives of the Competition and Consumer Act 2010.
• Explain their responsibilities in regards to the Act.
• Describe the consequences of breaching the Act.
• Explain restrictive trade practices and describe prohibited anti-competitive conduct.
• Discuss responsibilities under Australian Consumer Law.
• List examples of prohibited practices when dealing with consumers.
• Appreciate the importance of good record keeping in mounting a legal defence to a complaint under the Act.