Consumer law and competition law essentials

Consumer law and competition law ask different questions.

Consumer law focuses on how businesses deal with consumers and small businesses, including representations, guarantees, unfair contract terms, pricing, sales practices and product safety. Competition law protects the competitive process and can apply to arrangements or conduct involving competitors, suppliers, customers and markets.

Recognise common consumer-law signals.

• A headline or overall impression that evidence does not support.
• Refund, warranty or cancellation scripts that understate legal rights.
• Unfair terms in standard-form consumer or small-business contracts.
• Savings, scarcity, urgency or performance claims without adequate substantiation.
• Unsafe products, missing mandatory information or delayed incident escalation.

Escalate competition-sensitive arrangements before agreement.

• Discussions with competitors about price, customers, territories, supply or bids.
• A supplier trying to set the minimum resale price.
• Exclusive supply, bundling, loyalty or market-allocation arrangements that may affect competition.
• Competitor collaboration, industry groups or information exchanges.
• Conduct by a business with substantial market power that may substantially lessen competition.

Preserve the facts and pause avoidable commitments.

Record who is involved, the exact words or proposal, products, customers, markets, timing and business rationale. Do not casually edit or destroy relevant records. Obtain specialist advice before giving assurances, implementing a sensitive arrangement or continuing a competitor discussion.

Questions to ask

Focus on the decision and the evidence.

1. 01

   Which customers, competitors, suppliers or markets are affected?

2. 02

   What representation, agreement or conduct needs review?

3. 03

   What evidence and specialist input are required before action?

Official sources

Check the primary material.

• ACCC - Australian Consumer Law ↗
• ACCC - Competition and anti-competitive behaviour ↗
• Federal Register of Legislation - Competition and Consumer Act 2010 ↗

Practical support

Apply the guidance to your facts.

Identify the exact product, claim, customer journey, supplier, legal entity or business process involved. Preserve the information that supports the current position, record unresolved facts, assign an owner and confirm the point at which specialist review is required.

Important information

Check the current position.

This resource is general information, not legal advice. Laws, regulator guidance and proposals can change. Do not rely on a title or summary alone to decide whether a requirement applies to a particular entity, product or activity.