COMPANY & COMMERCIAL

Competition Law

Complex legislation is in place concerning the protection of free trade and competition within Australia. Under this legislation, the ability of businesses to enter into contracts which may result in the restriction or distortion of competition is severely circumscribed. The legislation applies not only to commercial contracts (for example, concerning supply and distribution arrangements or restrictions on competition between competitive businesses) but also relates to acquisitions and mergers between businesses or to the right of a business to refuse to supply a potential customer.

In advising upon any transaction, Fletcher & Lawson will always consider carefully any competition law elements of the transaction and will seek to ensure that the final form of agreement complies in all respects with the applicable statutory provisions.

Trade Practices
Business owners should be aware that competition law provisions may apply not only to written agreements, but also to any understandings or arrangements between parties or to any failure to supply a particular customer. Furthermore, our office also can advise on the everyday practices and procedures of a particular business. (Job Description, Staff Handbook, Unfair Dismissal Guidelines, Staff Appraisal) By implementing certain practices a business proprietor can satisfy itself that employees and practices are being conducted in a manner that does not contravene statutory provisions and business standards.

Enforcement
In connection with the enforcement of any commercial arrangement or agreement, Fletcher & Lawson will consider any competition law implications; any contravention by the terms of the agreement may affect both the manner in which action may be taken to enforce the contract or the defence to any such action by the other party.

Competition Law Services
We seek to obtain a clear understanding of the commercial aims of the business in advising on the manner in which a contract or arrangement might be negotiated, drafted and implemented in compliance with relevant legal provisions and will always try to assist the client in achieving those aims within the legal framework.