Can you provide me with some guidelines on how I can set my prices in compliance with the competition provisions in the Competition and Consumer Act 2010 (Cth)?

• Discounts, rebates and credit are important elements of pricing to keep in mind when setting prices.
• You should set prices independently and not discuss or agree on what prices to set with any competitors. This may constitute price fixing.
• Only publicly available information should be used to find out about your competitor’s prices.
• Do not agree to any requests by another business to jointly fix prices or restrict business activities. This could be considered price fixing, market sharing or a collective boycott.
• You may be regarded as engaging in unconscionable conduct if you set unusually high prices on a buyer or seller who is in a considerably weaker position than you.
• If a purchaser will be reselling the goods and services you supplied you can recommend a retail price but you cannot impose a minimum price on the re-sale. This is referred to as resale price maintenance and is prohibited by the Competition and Consumer Act 2010 (Cth).
• You could be misusing your market power by engaging in predatory pricing if you consistently price your goods and services below cost to drive out other businesses in the market.
• You need to avoid making your prices conditional on the buyer conducting business with a specified third party. This behaviour risks breaching the prohibition on third line forcing.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may  need legal advice.