A lawyer who is experienced in Competition and Trade Practices will be able to advise you on how to structure transactions and business dealings to avoid exposure to the significant penalties under the Competition and Consumer Act 2010 (Cth).

Fines of up to $10 million can be imposed as well as criminal penalties (such as prison) for some offences. You may be disqualified from holding a position as the director of a company or be prevented from having any involvement in the management of a company if you breach the competition provisions of the Competition and Consumer Act 2010 (Cth) or have been involved in a restrictive trade practice.

If you are engaged in business it is crucial to understand the kinds of commercial or trade activity that may constitute a breach under the legislation.

An individual or a company may present a business proposal to you in such a way that you may unwittingly breach the anti-competitive provisions of the legislation if you agree to it. It is wise to check any transactions that are out of the ordinary with a lawyer specialising in competition law so that you and your business are adequately protected.

If a company you are doing business with is pressuring you to agree to their conditions on who to do business with or the terms of doing business with them they may be engaging in anti-competitive conduct. Having a lawyer represent you in your dealings with the company will ensure your rights are adequately protected and you have the freedom to do business with them on terms that are mutually beneficial.

The Australian Competition and Consumer Commission (ACCC) has wide powers which allow it to investigate suspicious activity for breaches of the Competition and Consumer Act 2010 (Cth). If you find yourself being investigated a lawyer will be able to guide you in your communications with the ACCC and help minimise your personal and business risk.

There are some exceptions to the prohibitions on anti-competitive conduct but the legal operation of these exceptions can be complex. Specific advice should be obtained from a lawyer on how these exceptions apply.