Over the last month, many Australian companies have been forced
to quickly adapt in response to changes in consumer demand as a
result of the COVID-19 pandemic. But what happens when the best way
to ensure a continued supply of goods and services to the
Australian community requires coordination with your
competitors?
Cartel conduct
The restrictions in relation to "cartel conduct" can
be found in Part IV, Division 1, of the Competition and
Consumer Act 2010 (Cth) (CCA). Broadly
speaking, these provisions prohibit businesses who are ordinarily
in competition with each other from coordinating with one another,
particularly in relation to price fixing, bid rigging, restricting
outputs in the production and supply chain, or market sharing by
allocating customers, suppliers or territories.
