Two sides of the same coin: Reigniting the interface between Australian competition and consumer protection law
Damiano Fritz
Competition and Consumer Law Journal
Damiano Fritz, ‘Two sides of the same coin: Reigniting the interface between Australian competition and consumer protection law’ (2022) 29 Competition and Consumer Law Journal 201
Abstract
It is generally understood that there is at least some relationship between competition and consumer protection laws. Yet the interface between these two disciplines of economic policy has remained, from an Australian perspective, largely undertheorised. In the face of renewed calls for reform to the Australian competition law, this article argues that the existing provisions of the Australian Consumer Law provide an alternative — and to date, underappreciated — means of addressing harms traditionally classified as ‘anti-competitive’ (rather than the ordinary subject of consumer policy). Part I summarises the normative aims underpinning each field, including Australia’s unitary trade practices law. Part II considers how both disciplines may complement, and conflict with, the other in theory and in practice. Part III then attempts to crystallise the interface by considering how the unconscionable conduct and unfair contract terms laws might be used to enforce misuses of market power and exclusive dealing respectively, by reference to the case law. Part IV concludes.