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ARTICLE · 13 OCTOBER 2010

ACCC’s new arsenal in action

Norton Rose Fulbright Australia
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The Australian Competition and Consumer Commission (the ACCC) has begun using its new power to issue infringement, substantiation and public warning notices in carrying out its compliance and enforcement activities pursuant to the recent amendments to the Trade Practices Act 1974.

AustraliaAntitrust/Competition Law
Andrew Riordan
Andrew Riordan
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The Australian Competition and Consumer Commission (the ACCC) has begun using its new power to issue infringement, substantiation and public warning notices in carrying out its compliance and enforcement activities pursuant to the recent amendments to the Trade Practices Act 1974 (the Act).

On 20 August 2010, the ACCC issued its first public warning notice to alert consumers to a suspected breach of certain provisions of the Act and posted the notice on its new Public Warning Notice Register accessible on the ACCC's website.

It is therefore timely to briefly review the most penetrating features of the ACCC's new enforcement powers.

Substantiation Notices

The recent amendments to the Act enable the ACCC to issue a substantiation notice requiring a person to give information and/or produce documents that could be capable of substantiating or supporting a claim or representation made by the person.

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