Types of ASIC Investigations

A dispute generally develops when a product or service is marketed or advertised in such a way that it is considered to be misleading, deceptive, and/or false. Injunctions, corrections of public statements, and compensation are some of the remedies available.

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The following is a list of typical Competition and Consumer Law Disputes that may be handled by our team of commercial lawyers:

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Misleading and Deceptive Conduct       

Section 18 of the ACL bans deceptive and misleading conduct in trade or commerce, which is defined as "a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."

A person may be in violation of section 18 by an act or omission that is not required to demonstrate that someone was actually misled or fooled, but rather that they were likely to have been misled or deceived.

Silence, half-truths, predictions or promises, opinions, comparative or false advertising, ratings, and corrections are all examples of Deceptive and Misleading behavior.

False or Misleading Representations     

The ACL forbids false or misleading advertising and is interpreted to refer to a blatant lie about a product or service. False or misleading representations may be made in relation to the quality, value, and grade of services; the origin of the goods; the need for a product or service; and so on.

While there are remedies available for those who have been tainted by such representation, there are also defenses accessible to those who have been charged with making fraudulent or deceptive claims.

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Consumer Guarantees 

Under the ACL, consumers are entitled to several Consumer Guarantees when purchasing goods or services. Consumers' rights in relation to services include guarantees of due care and skill, fitness for a particular purpose, and a timely supply.

In relation to items, consumer guarantees might include titles of goods, continuous possession, undocumented securities, good quality, fitness for disclosed purpose, supply of goods by description, supply of goods by demonstration model, repairs and spare parts, and express warranties given by the manufacturer.

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Unfair Contract Terms 

The goal of the ACL is to safeguard consumers from unfair terms in a contract that they may unwittingly be bound by. The regulation on Unfair Contract Terms applies to a term in a "consumer contract," which is a typical commercial transaction for the sale of products or services with the objective of personal, domestic, or household use. The court finds a term unfair if there are significant imbalances in the rights and obligations assigned to the parties and is not reasonably required to protect the favored party's legitimate interest. A term may also be considered unfair if it would inflict substantial harm on the other party if utilized.

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Restrictive Trade Practices

The Competition & Consumer Act (CCA) provides rules for dealing with competition, consumer protection, and consumer privacy. The fourth part of the CCA comprises detailed provisions regarding horizontal and vertical restraints, mergers, market power, and resale price maintenance. For Mergers that have the potential to lessen competition on the market, the ACCC has a system of merger clearance.

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Our team of specialists at BlackBay Lawyers has extensive experience advising on the application of these legislative provisions to planned mergers and acquisitions, joint ventures, and commercial arrangements. We are also skilled in filing applications with the ACCC for informal merger clearance as well as for ACCC approval of anti-competitive conduct.