Trade Practices Issues
The Conduct Code Agreement extends Competition Laws to Government.
As a result of the Conduct Code Agreement, the Competition Laws in Part IV of the Trade Practices Act 1974 (C’lth) now have universal application to all businesses throughout Australia, including business activities of Governments and others not previously covered.
As well as applying the same anti-competitive conduct rules to all businesses, the Conduct Code Agreement introduced a new more stringent regime for statutory exceptions by which Governments can protect conduct from the Competition Laws.
Government agencies should seek legal advice on their potential exposure to the Competition Laws and, if need be, implement effective compliance programs for identified high risk areas.
Prior to engaging a consultant, Government agencies may wish to liaise with the Competition Policy Unit of Treasury.