Just because it occurs online does not mean the law
doesn't apply
The rapid growth of online retailing and the challenges it is
bringing for traditional bricks and mortar retailers is well
documented. Less well documented is how the law is adapting to this
fundamental change in the retail sector. The relative ease with
which online trading can be established and performed can lead some
traders to ignore some fundamental legal requirements and
obligations which must be met if online trading is to be lawfully
conducted in Australia. Importantly, this extends to competition
laws regulating dealings with, and towards, competitors.
At the same time, some established bricks and mortar retailers
can be tempted to react to the competitive tensions that online
retailers bring, in ways which may breach competition laws. For
online traders and bricks and mortar retailers alike, understanding
who your competitors are and your obligations in respect of your
dealings with them
