Competition Law Guides and Guidelines
Below is a list of guidelines from the Australian competition regulator
and some key international guidelines
Australia
General guidelines and policies
Compliance and Enforcement Policy (20 February 2012)
Professions and the Trade Practices Act (5 May 2010)
Small Business and the Trade Practices Act (6 September 2010)
Competition and Consumer Law - An Overview for Small Business (9 December 2010)
Industry Associations and the Trade Practices Act (8 July 2010)
Primary producers and the Trade Practices Act (30 June 2002)
Rural industry and the Trade Practices Act: a guide for rural producers (1 January 2007)
Guide to the Trade Practices Act for the health sector (30 November 1995)
The Trade Practices Act and the ACCC—an overview (13 June 2007)
Refusal to deal (1 January 2007)
- Refusal to deal, small business factsheet (27 June 2007)
Merger
Merger Guidelines (21 Novembre 2008)
Merger Review Process Guidelines (1 July 2006)
Formal merger review process guidelines 2008 (30 June 2008)
Media Mergers (9 August 2006)
Historical
Merger Guidelines 1999 (30 June 1999)
Now superceded - for historical reference only
TPC, Guidelines for the Merger Provisions of the Trade Practices Act 1974 (October 1986)
Now superceded - for historical reference only
Guideline for Informal Merger Review (October 2004)
Superceded - replaced by Merger review process guidelines (July 2006)
Cartels
Guidelines - ACCC approach to cartel investigations (14 July 2009)
Prosecution Policy of the Commonwealth
Commonwealth Director of Public Prosecutions
ACCC immunity policy for cartel conduct (26 June 2009)
Includes policy and interpretation guidelines
Cartel conduct - how it affects you and your business (1 August 2011)
Cartels: What you need to know: A guide for business (15 October 2009)
Cartels: deterrence and detection - a guide for government procurement officers (6 June 2011)
Cartel conduct - how it affects you and your business, small business fact sheet (11 April 2007)
Cartels: a guide for consumers on cartel conduct (16 March 2006)
Authorising and notifying cartel conduct (13 July 2009)
Price fixing, news for business (1 January 2007)
Boycotts (exclusionary provisions)
Refusal to deal (1 January 2007)
Misuse of market power
Refusal to deal (1 January 2007)
Exclusive dealing
Guide to exclusive dealing notifications (January 2007)
Guide to exclusive dealing notifications and excluding information from the public register (13 November 2009)
Exclusive dealing notification process - the basics (5 January 2007)
Refusal to deal (1 January 2007)
Resale price mainenance
Resale price maintenance and power tool sales—the Tooltechnic decision (28 August 2007)
Resale price maintenance and the skincare and cosmetics industry, small business fact sheet (18 July 2007)
Resale price maintenance, New for business (16 October 2007)
Refusal to deal (1 January 2007)
Access
Access regime: a guide to Part IIIA of the Trade Practices Act (30 November 1995)
Currently being updated - use with care
Arbitrations: a guide to resolution of access disputes under Part IIIA of the Trade Practices Act (10 April 2006)
Arbitrations: a guide to resolution of access disputes under Part IIIA of the Trade Practices Act, a summary guide (10 April 2006)
Access pricing principles: telecommunications a guide (31 July 1997)
Telecommunications
Anti-competitive conduct
Anti-competitive conduct in telecommunications markets: an information paper (31 August 1999)
Telecommunications: competition notice guideline (18 March 2004)
Access
Access pricing principles: telecommunications a guide (31 July 1997)
Telecommunications services—declaration provisions: a guide to the declaration provisions of Part XIC of the Trade Practices Act (31 July 1999)
Collective bargaining
Collective bargaining notifications - a summary (5 March 2007)
Can growers collectively bargain? (19 September 2007)
Streamlined collective bargaining for small business: more timely decisions/greater certainty of outcomes (10 June 2006)
Authorisation and Notification
Authorising and notifying cartel conduct (13 July 2009)
Guidelines for excluding information from the public register for authorisation and notification processes (5 January 2007)
Authorisation
Authorisation - new processes from 2007 (22 December 2006)
Authorisation process - the basics (7 January 2007)
Flyer
Authorising and notifying cartel conduct (13 July 2009)
Streamlined collective bargaining for small business: more timely decisions/greater certainty of outcomes (10 June 2006)
Competing Fairly: Collective bargaining (29 June 2009)
Video
Guide to authorisation (15 December 2010)
Notifications
Guide to Collective Bargaining Notifications (March 2008; updated November 2009)
- Collective bargaining notifications - a summary (5 March 2007)
Guide to exclusive dealing notifications (January 2007)
Guide to exclusive dealing notifications and excluding information from the public register (13 November 2009)
Exclusive dealing notification process - the basics (5 January 2007)
Authorising and notifying cartel conduct (13 July 2009)
Investigation and enforcement
ACCC intervention in private proceedings (31 July 2002)
Section 155 of the Trade Practices Act (3 March 2008)
Section 87B of the Trade Practices Act (18 September 2009)
Prosecution Policy of the Commonwealth
Commonwealth Director of Public Prosecutions
Leniency and Immunity
ACCC immunity policy for cartel conduct (26 June 2009)
Includes policy and interpretation guidelines
Prosecution Policy of the Commonwealth
Commonwealth Director of Public Prosecutions
See Annexure B - Immunity from Prosecution in Serious Cartel Offences
ACCC leniency policy for cartel conduct (30 June 2003)
Now superceded - for historical reference only
Compliance
Corporate trade practices compliance programs (9 December 2005)
Small business guide to trade practices compliance programs (27 April 2006)
How to comply with the Trade Practices Act: a guide for small businesses (30 June 2002)
Brochure
Administration
Access to public registers (31 March 2003)
Leaflet
Compliance enforcement policy (7 April 2009)
Application of the Trade Practices Act to intellectual property: background paper (31 July 1991)
Export agreements and the Trade Practices Act (13 October 2005)
International
Europe
Guidance on the Commission's Enforcement Priorities in Applying Article 82 EC Treaty to Abusive Exclusionary Conduct by
Dominant Undertakings
Published on 3 December 2008
Gudelines on the assessment of horizontal mergers (2004)
United States
Horizontal Merger Guidelines (August 2010 from DOJ site)
Horizontal Merger Guidelines (August 2010, PDF from FTC site)
Horizontal Merger Guidelines (April 1992, PDF from FTC; now replaced by 2010 Guidelines)
Horizontal Merger Guidelines (April 1992 from DOJ; now replaced by 2010 Guidelines)
Commentary on Horizontal Merger Guidelines (2006 Commentary on 1992 Guidelines - from DOJ site)
Other
New Zealand
Mergers and acquisitions guidelines