Competitive Conduct In Australia Essay

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The collusion of two or more corporations can result in anti-competitive conduct. This occurs when two usual competitors fix the price of their goods or services by forming a ‘contract, arrangement or understanding’. This is ‘horizontal’ coordinated conduct, meaning that retail competition between two corporations for the same goods or service is eliminated. The consumer subsequently suffers as a result of having to pay higher retail prices for those particular goods or services.

To achieve and regulate consumer protection, fair trade and competition within Australia, the Competition and Consumer Act 2010 (Cth) (“CCA”) implements consumer safeguards by governing the relationship between retailers, suppliers and consumers. This promotes a healthy and stable
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These provisions protect consumers and fair trade in Australia by acting as a firm of deterrence.

4. Conclusion
The CCA endeavours to protect the welfare of Australians through the regulation of competition. The provisions set forth in Part IV Div I protect by imposing high monetary penalties in order to deter corporations from engaging in anti-competitive conduct.

To achieve a well-balanced and healthy economy that encourages both fair competition and consumer protections, the corporation and the consumer must be aware of the relevant market they are trading in to ensure they do not breach any legislative provisions.


5. Australian Competition and Consumer Commission v Visy Holdings Pty Ltd (No 3)
The decision in Australian Competition and Consumer Commission v Visy Holdings Pty Ltd (No 3) [2007] FCA 1617 (“Visy Case”) was an important and defining case concerning cartel prohibitions in Australia, changing anti-competitive conduct sentencing precedents.

5.1 Background of the Visy

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