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ARTICLE · 16 FEBRUARY 2012

Landlords and developers liable under Competition and Consumer Law

Landlords and shopping centre owners are often surprised at the reach of the competition and consumer protection laws.

AustraliaAntitrust/Competition Law

Those who breach Australia's competition and consumer protection laws face serious consequences. In addition to damaging their reputation and 'brand', a breach of the laws can mean significant fines and other financial liability for those involved. If you intentionally participate in price fixing or other cartel type behaviour with your competitors, you can even be sent to jail.

It's not just the 'big end of town' that needs to consider how these laws will affect them. Landlords, shopping centre owners and property developers - indeed, anyone involved in the property industry - need to understand the legal boundaries within which they must operate.

The Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974) contains a number of prohibitions on anti-competitive behaviour, misleading conduct and unfair conduct. Here, special counsel Brett Bolton explains what these prohibitions mean and why you need to be aware of them.

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