Yesterday, the ACCC released its Compliance and Enforcement Priorities for 2021.
In addition to the 'usual suspects' in cartels and anti-competitive behaviour, the ACCC will target the following areas:
In addition to being incredibly busy during the COVID-19 pandemic, the ACCC has a number of high profile litigation matters proceeding through the courts this year, including criminal and civil cartels, the first case on the misuse of market power “effects” test and a number of other competition and consumer law matters.
It is conducting market enquiries into the Murray Darling Basin and Electricity and Gas sectors and will explore amendments to the merger process, access regime, consumer guarantees regime and unfair terms regime.
The upshot is that the ACCC will be more resource constrained than ever before. Investigations may take longer and the ACCC may be less likely to pursue complaints without material consumer or economic harm.
Despite this, the ACCC has shown again why it is Australia’s most vigorous regulator and why competition and consumer law compliance is essential for all businesses.
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