On 19 February 2015 ACCC Chairman Mr Rod Sims outlined the regulator's compliance and enforcement priorities for 2015.

For industries such as franchising which are subject to specific ACCC regulation, this is always of interest but all companies operating businesses in Australia are subject to the Competition and Consumer Act 2010 (Act) and should understand the areas on which the ACCC elects to focus to ensure that they have their compliance house in order.

The four enduring priorities of the ACCC remain:

  • cartel conduct;
  • anti-competitive agreements and practices;
  • misuse of market power; and
  • product safety.

To quote Mr. Sims "The detriment caused to both consumers and competition means these forms of conduct will always be in our sights."

Conduct involving pricing and dealings with competitors and suppliers all have the potential to fall foul of the Act's provisions and can lead to enforcement action by the ACCC.

The new additional priority areas for 2015 are as follows:

  1. Medical and health sector

The focus will include anti-competitive conduct such as attempts to limit access to products, patients, procedures or facilities and allegations of unconscionable conduct and misleading and deceptive conduct by medical professionals.

  1. Stronger Enforcement of Industry Codes

On 1 January 2015 the ACCC received new powers to enforce the mandatory Franchising Code of Conduct (Franchising Code) by the issue of infringement notices of $8,500 for companies ($1,700 for individuals and other entities) where the ACCC has reason to believe there has been a contravention of the Franchising Code.

For serious breaches of certain Franchising Code provisions it can seek penalties of up to $51,000 from the Court.

In addition a new Code of Conduct has just been introduced for the grocery sector, the Food and Grocery Code of Conduct. Like the Franchising Code it requires the industry participants to act in good faith, and provides a dispute resolution process. It also sets out minimum standards and prohibits certain conduct and provisions in supply arrangements.

A retailer or wholesaler must sign up for the new Code to be bound but suppliers are not required to sign up to the Code. They will be covered by the Code whenever they deal with a retailer or wholesaler that has agreed to be bound by the Code.

  1. Online businesses

For 2015, the ACCC will concentrate on "emerging systemic consumer issues in the online marketplace" such as significant delays by online businesses in addressing consumer complaints.

  1. Highly concentrated sectors

Competition and consumer issues in highly concentrated sectors such as the fuel and supermarket sectors will remain a priority.

  1. Truth in advertising

Misleading advertising claims will be a target particularly if they are made by large businesses with the potential to result in significant consumer detriment, or where the conduct is likely to become widespread if the ACCC does not intervene.

...and the rest

The remaining ACCC priorities for 2015 are carbon tax repeal to ensure the full pass through of the carbon tax removal, scam disruption, particularly dating and romance relationship scams, and conduct affecting vulnerable consumers such as indigenous consumers, older consumers, and consumers who are newly arrived in Australia.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.