Australia

The ACCC is the primary competition regulator. The Australian Competition Tribunal hears merger authorisation reviews. Federal Court of Australia handles enforcement proceedings and appeals.

CCA Part IV Division 1 prohibits anti-competitive agreements. Criminal cartel offence (price fixing, output restriction, market allocation, bid rigging) with penalties of up to 10 years imprisonment and fines of AUD 50 million or more. Civil prohibition applies in parallel.

Exclusive dealing, third-line forcing, and RPM are covered under CCA. RPM is a per se contravention. Other vertical restraints assessed for substantial lessening of competition.

CCA Section 46 prohibits misuse of market power. 2017 amendment changed test from "taking advantage" to "substantial lessening of competition" — significantly strengthened provision. No formal dominance threshold.

Mandatory merger notification regime from January 2026 (replacing previous voluntary/informal system). Mandatory notification where parties meet turnover thresholds or where the merger raises competition concerns. ACCC review with formal timelines and judicial determination.

ACCC's immunity and cooperation policy offers conditional immunity to the first cartel participant to approach the ACCC. Cooperation discounts for subsequent participants. Civil-only immunity (criminal immunity via CDPP).

ACCC can accept court-enforceable undertakings under Section 87B CCA. Merger clearance may be subject to undertakings (divestitures, behavioural commitments). Consent orders in court proceedings.

Criminal cartel: up to 10 years imprisonment and/or AUD 50 million fine (or 3x benefit or 30% turnover). Civil penalties up to the greater of AUD 50 million, 3x benefit, or 30% of turnover. Disgorgement and injunctions available.

No ex ante digital markets legislation. ACCC's Digital Platform Services Inquiry (2019-2025) made recommendations. News Media Bargaining Code enacted in 2021. ACCC pursuing enforcement cases against Google and Meta under existing competition law.

ACCC is the general competition authority and also regulates specific sectors (energy, telecoms, fuel). APRA (banking), ASIC (securities), and ACMA (communications) have sector-specific regulatory functions.

ACCC has search warrant powers for criminal cartel investigations (via AFP). Compulsory information gathering powers under Section 155 CCA (notices to produce documents, provide information, or give evidence). Record-keeping notices.

Private parties can bring actions for damages, injunctions, or declarations under the CCA. Class actions (representative proceedings) available and increasingly common. Both follow-on and standalone claims permitted.

ACCC has cooperation agreements with the US, EU, UK, New Zealand, Canada, Japan, South Korea, and Singapore. Active in ICN (hosted annual conference), OECD Competition Committee. Particularly close cooperation with NZ Commerce Commission.

Implementation of mandatory merger notification regime (January 2026). Continued digital platform enforcement. Criminal cartel prosecutions. Active enforcement in energy, agriculture, and financial services. AI and algorithms in competition assessment.