This course will introduce students to the Competition and Consumer Law Act 2010 (C'th) (the CCA) and application laws of the States and Territories.
The CCA represents the adoption of a national scheme for the regulation of restrictive trade practices and consumer law. The national scheme effectively commenced in January 2011.
The restrictive trade practices provisions of the CCA adopt provisions of the superseded Trade Practices Act 1974 (C'th) (TPA) dealing with topics including; exclusive contracts, cartels, misuse of market power, exclusive dealings, resale price maintenance and mergers. The consumer law provisions of the CCA, in part, adapts some provisions of the TPA dealing with misleading conduct and representations and provides for new provisions dealing with unfair contract terms and contractual guarantees.
In addition the CCA adopts certain provisions of the TPA dealing with penalties and remedies and provides for new provisions dealing with penalties, enforcement powers and consumer redress options.
Competition and consumer law has widespread application to commercial and consumer transactions and disputes and must be considered by practitioners in the course of planning and implementing commercial transactions.