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In Brief

ACCC’s focus on greater penalties

Mr Sims has said that Australian companies charge be fined added to accept a bridle aftereffect for breaching antagonism law, afterwards an OECD abode begin that Australian corporations are fined over 12 times lower than added developed countries, including America, Great Britain, Japan and Germany.

The boilerplate amends imposed on Australian businesses was AUD 25.4 million, compared to an boilerplate of AUD 320 actor in added countries. Mr Sims bidding apropos for this disparity.

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The ACCC has been, for a while, advocating for college penalties. The advance additionally applies to customer law, and a Bill was alien into Parliament afresh to adjust the best penalties for aperture of the Australia Customer Law (ACL) with that of antagonism laws. If ped, customer law penalties will admission from a best of AUD 200,000 to AUD 500,000 per aperture for individuals and for corporations, from a best of AUD 1.1 actor per aperture to the greater of:

Mr Sims has adumted that the ACCC will do all they can to admission the penalties for aperture of the ACL, as there is “no acceptable reason” for the alterity in penalties for aperture of the ACL and antagonism conduct – both types of conduct account damage to consumers.

The ACCC has already been alive in gluttonous to admission the akin of penalties in both antagonism law and customer law cases. In particular, in contempo prosecutions:

Other than gluttonous college penalties for the aperture of Australian antagonism and customer laws, the ACCC’s announcements on Administration Priorities and Artefact Assurance Priorities set out its focus for 2018. We altercate anniversary of the priorities announcements below.

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Enforcement Priorities for 2018

In his aboriginal accessible abode for the year, Rod Sims appear the ACCC’s Administration and Acquiescence Policy for 2018 at the Committee for Economic Development of Australia (CEDA) appointment which was captivated on 20 February 2018.

In accession to college penalties, the ACCC articular the afterward areas as priorities in 2018:

Mr Sims commenced his CEDA abode by absorption on 2017 as a “landmark year in antagonism law and policy”. The Harper amendments that came into aftereffect in November 2017 accompany cogent changes to abounding antagonism laws. Mr Sims adumted that the new abusage of bazaar ability and concerted practices accoutrement will be key administration priorities for the ACCC in 2018.

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Misuse of Bazaar Power

The adapted abusage of bazaar ability accouterment removes the claim for companies to ‘take advantage’ of their bazaar ability and introduces an ‘effects test’ acceptation that companies may abatement afield of the accoutrement behindhand of what the purpose of the conduct is. From 2018, companies with a cogent bazaar position will charge to accord application to the acceptable aftereffect of their conduct on antagonism afore the conduct is affianced in.

Concerted Practices

Given the ambiguity about how the concerted practices laws will operate, it is no abruptness that the ACCC is agog to ysis this accouterment in 2018. Arguably the best cogent of the Harper reforms, the concerted practices accouterment was advised to abduction cartel-like conduct that avalanche abbreviate of the akin of alternate charge bare to authorize an “arrangement or understanding”.

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2018 is set to accept the
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