Competition & Consumer Law glossary
Australian competition and consumer law is governed by the Competition and Consumer Act 2010 (Cth), which includes the Australian Consumer Law in Schedule 2. This glossary covers 40 commonly used terms in competition, merger, and consumer practice.
This is a glossary of 40 key terms used in Australian competition and consumer law practice. Each entry has a plain-English definition and, where relevant, a citation to the Competition and Consumer Act 2010 (Cth).
Definitions
ACCC
The Australian Competition and Consumer Commission — the Commonwealth regulator of competition and consumer law.
ACL
The Australian Consumer Law — the uniform national law in Schedule 2 of the Competition and Consumer Act, covering unfair practices, consumer guarantees, and product safety.
Acquisition
Any acquisition of shares or assets, which may be prohibited if it would have the effect or likely effect of substantially lessening competition in a market.
Agency arrangement
A relationship in which a principal appoints an agent to act on their behalf, which may affect the application of competition law provisions to price restrictions.
Authorisation
An ACCC decision granting immunity from specified competition law prohibitions on the basis that the conduct is likely to result in a net public benefit.
Bid rigging
A form of cartel conduct involving collusion among bidders in a tender process — a per se offence under the cartel provisions.
Boycott
A secondary boycott involves two or more persons engaging in conduct hindering a third party in order to cause loss or damage to another person.
Cartel conduct
Agreements or understandings between competitors to fix prices, restrict output, allocate markets, or rig bids — prohibited on a per se basis.
Civil penalty
A monetary penalty imposed by a court for a contravention of the Act, capped at the higher of specified amounts or three times the benefit obtained.
Competition and Consumer Act
The principal Commonwealth statute regulating anti-competitive conduct and consumer protection in Australia.
Concerted practice
A form of coordination between firms that has the effect of substantially lessening competition, without amounting to a contract, arrangement, or understanding.
Consumer guarantee
Statutory guarantees in the ACL that apply to goods and services supplied to consumers — including acceptable quality and fitness for purpose.
Contract, arrangement, or understanding
The collective term used in section 45 for arrangements between firms that may give rise to anti-competitive conduct.
Criminal cartel offence
A criminal offence under the cartel provisions for individuals who knowingly engage in cartel conduct, carrying imprisonment of up to 10 years.
Exclusionary provision
A provision in a contract, arrangement, or understanding that excludes or limits dealings with a particular person or class of persons, now subsumed into the cartel provisions.
Exclusive dealing
Conduct whereby a supplier imposes conditions restricting the customer's freedom to deal with others. Prohibited where it has the purpose or effect of substantially lessening competition.
False or misleading representations
Specific prohibitions in the ACL on false representations about goods or services, including price, quality, standard, and endorsements.
Immunity policy
The ACCC's policy granting civil and criminal immunity to the first cartel participant to report the cartel and cooperate with the investigation.
Informal clearance
A process by which merger parties seek the ACCC's informal view on whether a proposed transaction would contravene section 50.
Infringement notice
A notice issued by the ACCC imposing a fixed penalty for a specified contravention of the ACL.
Joint venture
A cooperative arrangement between two or more firms to undertake a specific business activity, which may attract exceptions to the cartel provisions.
Major failure
A failure in consumer guarantees that entitles the consumer to reject the goods or cancel the contract under the ACL.
Market definition
The process of defining the relevant market in which competition effects are assessed, typically by product and geographic dimensions.
Merger
A transaction that combines previously independent businesses, assessed under section 50 for its competition effects.
Merger authorisation
A formal process allowing parties to seek ACCC authorisation for a merger on the basis of net public benefit or no SLC.
Misleading or deceptive conduct
Conduct in trade or commerce that is misleading or deceptive or likely to mislead or deceive, prohibited by section 18 of the ACL.
Misuse of market power
Conduct by a firm with substantial market power that has the purpose, effect, or likely effect of substantially lessening competition in a market.
Net public benefit test
The test applied by the ACCC in authorisation matters — whether the public benefits likely to result from the conduct outweigh the likely public detriment.
Notification
A procedure for obtaining statutory protection for exclusive dealing or collective bargaining conduct, faster than authorisation.
Parallel conduct
Similar conduct by firms in a market that may be the result of independent business decisions rather than collusion.
Per se prohibition
A prohibition that applies regardless of the actual competitive effects — used for cartel conduct and some forms of resale price maintenance.
Product safety
The ACL framework regulating the safety of consumer goods, including mandatory standards, bans, and recalls.
Public benefit
Any benefit to the public, broadly defined, that the ACCC may take into account in assessing an authorisation or merger application.
Resale price maintenance
Conduct by a supplier specifying a minimum price below which a reseller may not resell goods — prohibited on a per se basis.
Section 87B undertaking
A court-enforceable undertaking given to the ACCC under section 87B of the Act, commonly used as an enforcement outcome.
Substantial lessening of competition (SLC)
The key test in several prohibitions — whether conduct has the purpose, effect, or likely effect of substantially lessening competition in a market.
Substantial market power
The degree of market power required for section 46 to apply — the firm need not be dominant but must have non-transitory market power.
Third line forcing
A form of exclusive dealing where the supply of goods or services is conditional on acquiring goods or services from a third party. Now assessed under the SLC test.
Unconscionable conduct
Conduct in trade or commerce that is against good conscience, prohibited by sections 20 and 21 of the ACL.
Unfair contract terms
Standard-form contract terms that may be declared void under the ACL where they cause significant imbalance, are not reasonably necessary, and would cause detriment.
Research these terms in context
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This glossary is a general reference for practitioners — not legal advice. Always verify against the current Competition and Consumer Act and ACCC guidance.
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