Australian Legal Research Guide
For more detailed information on Australian legal research, see our research guides:
Commentary Quick Overview
Major Commentary Sources
Legal Encyclopedias
Legislation - Competition Law
The central piece of legislation for Australian competition law is the Competition and Consumer Act 2010 (Cth). Note that it was previously named the 'Trade Practices Act 1974'. The name officially changed on 1 January 2011.
Consumer Law
The full text of the Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Laws to apply the ACL as a law of each State and Territory have been enacted in all States and Territories. For transactions that occurred up to 31 December 2010, the previous national, State and Territory consumer laws will continue to apply.
Jurisdiction |
Principal Act |
ACT |
Fair Trading (Australian Consumer Law) Act 1992 - previously called Fair Trading Act 1992 (72 of 1992) |
NSW |
Fair Trading Act 1987 (68 of 1987) |
| Qld | Fair Trading Act 1989 (84 of 1989) |
| NT | Consumer Affairs and Fair Trading Act 1990 (49 of 1990) |
| SA | Fair Trading Act 1987 (42 of 1987) |
| Tas | Australian Consumer Law (Tasmania) Act 2010 (40 of 2010) |
| Vic | Australian Consumer Law and Fair Trading Act 2012 (21 of 2012) |
| WA |
Fair Trading Act 1987 (108 of 1987) Fair Trading Act 2010 (57 of 2010) |
Consumer Credit
Annotated Legislation
Annotated legislation materials are a good starting point for understanding the law. Note, that these resources may not always be current.
Selected Competition Law Cases
Case Citators
Search cases and find subsequent consideration of a particular case. Case citators also list parallel citations, litigation history, legislation and words and phrases judicially considered and cases cited. For Australian cases use:
Law Report Series
Please note that authorised reports should be used when citing cases.
See Authorised Law Report Research Guide for a list of authorised reports in Australia
Major Law Journal Databases
For more information on searching for journal articles see the
Australian Competition Law Journals
Other Competition Law Journals
Library Catalogue Search
Search Library Catalogue for books using Keyword search or Subject search using these terms:
Restraint of trade -- Australia
Competition, Unfair -- Australia
Consumer Protection - Law and Legislation - Australia
You can narrow your results to Online Books only, however, the number of Australian competition law books in ebook format is limited.
eBooks
You also can search across various Ebook platforms allowing you to search the full text of books. Click on the eBooks link on the left-hand side of the page to navigate to the eBook databases.
Selected Books on Australian Competition Law
Miller's Australian competition and consumer law annotated by Miller’s Australian Competition and Consumer Law Annotated has established itself as the essential resource on the Competition and Consumer Act 2010. Practitioners, businesses, academics and students will benefit from the updated legislation in this 42nd edition, and from Russell Miller’s expert annotation commentary at provision level, guiding readers through the meaning of the law with the benefit of judicial interpretation of the provisions of the Act. The book also contains related legislation and materials.
Duggan & Lanyon's consumer credit law by Duggan & Lanyon’s Consumer Credit Law is suitable for both lawyers specialising in lending as well as those whose practitioners whose involvement with the Code is more peripheral. The updated and revised second edition covers all major developments in legislation and case law since the first edition was published in 1999.
Consumer protection law in Australia by Consumer Protection Law in Australia provides a clear and detailed explanation of the application and effect of consumer protection and product liability law in Australia, fostering a sound understanding of the legislative landscape in force since the introduction of the single regulatory scheme. The author explains the mechanism under which the federal and state and territory laws operate and provides a ’road map’ to all aspects of the consumer regime, including regulation and public and private enforcement. Key areas such as consumer guarantees, unfair contract provisions and product liability are comprehensively discussed. The book is an invaluable guide for legal practitioners, academics and students.
Corones' competition law in Australia by Corones’ Competition Law in Australia, 7th edition, provides a comprehensive discussion of the provisions of theCompetition and Consumer Act 2010 (Cth) (CCA) dealing with the regulation of competition and markets in Australia. This book covers disparate topics such as restrictions in horizontal and vertical agreements, mergers and acquisitions, misuse of market power, and access to essential services. The unifying theme of this text is that it is not possible to use a formalistic approach in applying the CCA. The decisions of the courts, and the competition authorities responsible for implementing and enforcing the CCA, underline the need to undertake a detailed substantive economic analysis of the effect of the agreement or conduct at issue on competition, efficiency and consumer welfare.
Corones' Australian consumer law by Corones’ Australian Consumer Law , explains in a detailed yet accessible treatment the substantive rights and remedies of consumers, and the obligations of traders under the Australian Consumer Law (ACL).
Annotated competition and consumer legislation by The 2019 edition of Annotated Competition and Consumer Legislation provides an essential guide to the Australian competition and consumer law in Australia. This title includes the latest legislative amendments to 1 January 2019 and provides commentary on, inter alia, the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 which gives effect to a number of proposals of the Australian Consumer Law Review Final Report, the Treasury Laws Amendment (2018 Measures No 3) Act 2018 which aligns the Australian Consumer Law penalties with the competition law provisions, and the Treasury Laws Amendment (Gift Cards) Act 2018 which introduces a minimum three-year expiry period for gift cards; as well as noting the impact on intellectual property licensing of the proposed Treasury Laws Amendment (2018 Measures No.5) Bill 2018 and the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018 which provides for divestiture in the wholesale electricity market.
Australian competition law by Australian Competition Law provides an engaging and authoritative treatment of Australian competition law and is an ideal text both for practitioners and for those studying the subject for the first time.
Australian consumer law : commentary and materials by Australian Consumer Law: Commentary and Materials contains up-to-date material on the Australian Consumer Law which came into operation on 1 January 2011, replacing 17 different pieces of Commonwealth, State and Territory legislation relating to consumer protection. The sixth edition has been thoroughly revised and updated for the following developments:
Australian Cartel Regulation by Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.Major Commonwealth Agencies
Major State and Territories Competition Agencies
Major States and Territories Consumer Agencies
Inquiries & Reports
Please note, the references provided are not exhaustive of all the inquiries, reports and guidelines of the competition authorities in Australia.
The Australian Competition Law website provides a list of inquiries and reports from 1976 including links to full text documents.
Merger Guidelines
Australian Competition & Consumer Commission (ACCC) Merger Guidelines were published November 2008 providing clarification on the assessments of acquisition under sections 50 and 50A of the Competition and Consumer Act 2010 (the Act) formerly the Trade Practices Act 1974 (Cth).
The Informal Merger Review Process Guidelines 2013 supplement the Merger Guidelines 2008.
The ACCC Media Mergers publication from October 2017 provides guidance on the approach to media mergers.
The ACCC Draft Media Merger Guidelines have been published August 2016, submissions will close 14 October 2016.
Other Guidelines
The Australian Competition Law website provides links to ACCC guidelines, including in relation to: