5021LAW: Competition and Consumer Law - ACCC Advice on Scenarios

This assignment analyzes three scenarios related to the Competition and Consumer Act 2010 (Cth) for the ACCC. Scenario A examines a government tender process where two courier companies, Petasos Couriers Australia Ltd and All Queensland Deliveries Ltd, allegedly collude to restrict competition, potentially violating Part IV B of the Act. Scenario B involves an online bookstore, BPL, using its influence to prevent a new competitor, DPL, from entering the market by influencing its relationships with courier companies PCA and AQD, potentially breaching Part VI A of the Act. Scenario C discusses a website providing delivery market comparisons and its compliance with regulations and the impact on promotional aspects. The assignment applies the legislation to the facts, identifying potential breaches and legal implications, without addressing enforcement or penalty issues. The analysis focuses on the competitive landscape of the courier and online shopping industries in South East Queensland, considering the rapid growth in the online retail sector.

5021LAW: Competition and Consumer Law

Table of contents
Scenario A.......................................................................................................................................3
Scenario B........................................................................................................................................4
Scenario C........................................................................................................................................6
References:....................................................................................................................................10

Scenario A
The situation depicted under scenario A defines a tender process for the government of
Queensland Beaujolais. The whole scenario related to dissolution of the state run courier and
distribution of the relative service through private tenders. This process is a largely incorporated
system of disintegration of services under a tender based obligation for the state based courier
services. The essentials of this entire process is based on the Competition and consumer Act
20101. This act signifies the availability of sufficient jurisdictional conservation to the customers
as well as the companies operating across the product or service sectors in Australia. The fact
that there are specific limitations in the ways of doing business and these specifications need to
be assessed and acknowledged in context of the entire proceeding based over this particular act.
The act provides consumers additional opportunities and that too in reference to smooth
transition across the service segments2. The overall operability factor which is based on
determining effective results are put in to place under this act.
Scenario A describes a crucial process of corporations managing the competitive attributes that
are related to a system of service management. The entire system of managing services under
this scenario is impacted by their respective partnerships and alliance based operational structure.
The fact that a tender process needs to be carried out efficiently and fairly is not at all liable
under the available conditions. Two of the major service providing organizations have been
involved under certain agreements and conditions that initiate breach of the part IV B of the
Competition and Consumer Act 20103. The act suggests availability of strictly competitive
ideology for promoting cost effective operations and increased service orientation across the
organizations4. On the other hand, companies involved under this particular agreement have
decided not to compete with each other and have a self designed approach to the entire process
1 Federal Register of Legislation, Competition and Consumer Act 2010,
<https://www.legislation.gov.au/Details/C2011C00003>
2 Buchan, Jenny, "HOW COMPETITION LAW MAY AFFECT FRANCHISED SMEs IN
APEC ECONOMIES" (2016): 156 Competition Law, Regulation and SMEs in the Asia-Pacific:
Understanding the Small Business Perspective.
3 Federal Register of Legislation, Competition and Consumer Act 2010,
<https://www.legislation.gov.au/Details/C2011C00003>

of tender management. This is a complete violation of part IV B of the Competition and
Consumer Act 2010 and thus cannot be undertaken. The overall operability index across this
design segment is also based on limiting the competition factor across the sector and improvise
the detailed orientation of adjectives all along the process. The limitations and obligations are
based on identifying a less effective aspect for the common interest and a more self centred
approach for the two participating institutions.
Decisions taken by the CEO's of both the companies that are the Petasos Couriers Australia Ltd
and All Queensland Deliveries Ltd are far from being in to public interest and thus are definitely
not according to the part IV B of the Competition and consumer Act 20105. Both the CEO’s have
targeted exclusion of public interest and work ethics by complying over an agreement on their
own. This agreement has several illustrations that signify the limitation of the act and its
ineffectiveness. The introduction of this agreement entitled them with additional support factor
for them and also initiated them with relative accomplishments which are not available
generally6. A major illustration of the irregularities which are available across the agreement can
be assessed by acknowledging the clause 7 of the agreement 1. This clause clearly signifies that
in case this agreement was not in place, there must have provided a much higher price range as
compared to the current figure. In addition to this, acknowledgement of the fact that there are
minimized competitive pricing across the related segments of services. The entire pricing process
is to be carried out according to the agreement and thus there is a significant chances of
irregularities which can occur with the availability of this particular agreement. The agreement
limits the chances of competitive pricing, negotiation and benefits for the consumers. It also
limits the entry of any new player under this industry and thus the overall operational
accomplishments under this sector tends to enhance the entire resulting process and involves less
4 Auer, Dirk, et al., "ICLE Comments, The Current Landscape of Competition and Consumer
Protection Law and Policy." (2018) FTC Project P181201.
5 Federal Register of Legislation, Competition and Consumer Act 2010,
<https://www.legislation.gov.au/Details/C2011C00003>
6 Maher, Imelda, "The networked (agency) regulation of competition" (2017): 693-710
Regulatory Theory: Foundations and Applications.

fortunate advancements across the jurisdictions. Both of the companies involved under the
agreement are responsible for exercising full control over the process of courier delivery and thus
initiate a more advanced set of design attribute linked to the process.
Scenario B
This scenario describes a typical business structure that is put in to place for elimination of
competitive attribute across the process of business management. The accomplishments and
attributes for success are directly linked to each other and thus the illustrations under this section
are perfectly justified all along the entire process of business management. The scenario
describes attributes of an Australian online bookstore named BPL7. This bookstore has been
using its influence over two major courier service providing organizations named PCA and
AQD. This initiative is put in to place for cutting the entry of a new online bookstore company
named DPL that is backed by an American bookstore giant Congo Inc. The process used under
this particular segment can be considered as less constitutional and law abiding as it limits the
competitive attributes that are available across the respective regions. Each of the companies
must be provided with sufficient supportive attribute to function independently and thus
prohibiting them for attaining a responsive structure is more likely to affect the entire situation.
The fact that there are significance based operational illustrations that are linked to assess the
growing needs and requirements of the markets must be assessed by the companies and
competitors available along the industry.
The activities carried out by BPL across the Queensland market by development of agreements
are liable to signify the overall impacts and disassociate it from the legal framework of business
conduction. The Competition and consumer Act 2010 provides equal opportunities to each of the
fragments across a sector to flourish on the basis of equal opportunities and challenges8. But the
process carried out under the provided scenario describes a constant breach of the part VI A of
this act. Thus, the whole process can be considered as less significant in accordance with the
7 Klien, Joseph A., P. M. Rao, and Manoj Dalvi, "Competition and Consumer Privacy in the
Cyberspace Market." (2018).
8 Federal Register of Legislation, Competition and Consumer Act 2010,
<https://www.legislation.gov.au/Details/C2011C00003>

described attributes and association factorials. The overall operability index that is linked to the
process of managing a competitive association is more likely to affect the process and indulge
less liberal operational ideology across the online bookstore industry. In addition to this, the
obligations that are put in to place justify the lacking competitive identity presented across the
process. This signifies the entire framework and illustrates limitations that are facilitated to
promote better decision making across the industry. Depriving of subordinate services to any
new entrant by an established organization across a sector is not at all useful under an efficiently
organized and competitive market9. This is also directly related to influencing the strengths and
opportunities under an organizational dimension. The availability of a fairly organized sector
through competitive attributes are largely helpful in managing better product pricing and
efficient service quality all along the process. Each of the participants across an industry have
equal rights to indulge in to services or products facilitation and interruption from any of the
relative competitors can be considered as unlawful as well as unethical. Thus the initiatives taken
by BPL for controlling its traditional hold on the respective sector. DPL is liable to avail equal
opportunities across the sector and thus is eligible for a better design across the industry in order
to cope with the attributes put in to place by BPL. In addition to this, the initiatives taken by BPL
are also liable to limit the services for available consumer strength.
BPL must undertake suitable approach for improving its operational expectations despite of
indulging in to the agreements for limiting developments at DPL. The agreement is not only
restricts the growth prospects for DPL but its also affects both the courier companies as they
would have got better business while working with DPL. However, they are being compensated
well by BPL, but the increase in organizational proceedings would have been largely helpful for
the company. In addition to this, BPL is one section across this agreement process that has been
taking on the additional burden of expenses which it has to pay based on the agreement. The
entire process of this agreement based business limitation is liable to subordinate better
9 Ramaiah, Angayar Kanni, Ningrum Natasya Sirait, and Nucharee Nuchkoom Smith,
"COMPETITION IN DIGITAL ECONOMY: THE STATE OF MERGER CONTROL ON
CONSUMER TRANSPORTATION IN ASEAN" (2019): 66-82 International Journal 2.7.

accomplishment and attitude for helping the industry grow and eventually develop as a whole10.
In addition to the financial obligations, BPL is also liable to indulge under a strict legal
framework as there are specific limitations that are intended to promote less complex
competitive approach for the participants under this sector. Thus the obligations linked to the
part VI A of Competitive and consumer act 2010 are violated and thus a smooth design must be
put in to place for describing a better relativeness and coordination across the process.
Scenario C
This scenario describes an authorization based process that is put in to place for making
decisions in an informed manner and achieving better understanding of the resource based
approaches all along the process. The entire scenario is based on discussions for relative
association and accomplishment of better understanding that is ideally placed across the delivery
market comparisons11. The website providing updated information across the delivery
perspectives provides its users to include any lacking attributes and make changes according to
the available scenario. As long as the information that is being provided is genuine and in
compliance with the website’s regulations, there is no legal consideration involved. The entire
process of managing the reach and accomplishment process is assessed across the website and a
detailed report is provided. This particular factor is capable of providing the facilitators an equal
and even opportunity for progress and customer acquisition. The platform is also helpful in being
in to a whole engagement process and is liable to engage across defined attributes extensively12.
10 Manne, Geoffrey A., et al., "ICLE Comments, FTC's Hearings on Competition and Consumer
Protection in the 21st Century" (2018) Kristian, ICLE Comments, FTC's Hearings on
Competition and Consumer Protection in the 21st Century (August 20, 2018).
11 Gissler, Stefan, Rodney Ramcharan, and Edison Yu, "The E ects of Competition in Consumer
Credit Markets." (2018).
12 Lipsky, Tad, et al., "The Federal Trade Commission’s Hearings on Competition and Consumer
Protection in the 21st Century, Innovation and Intellectual Property Policy, Comment of the
Global Antitrust Institute, Antonin Scalia Law School, George Mason University" (2018) 18-

The whole structure of program is based on building a smooth transition and a functional process
that is highly effective in acknowledging the changes and additions across the whole process of
delivery management.
This process also helped in availing promotional attributes across the desired networks.
Promotions are the basic developmental designs associated with a courier delivery company. As
most of the operations are largely associated with the design segments and there are suitable
amount of obligations related to the structure marketing and advertising, the companies can also
provide innovation and creativity across its promotional aspects related to such comparative
websites. Social media platforms and online website for comparisons based promotions can be
the two major attributes which can be used by the company in order to avail efficient
promotional obligations. The promotional process can be initiated with providing a desired range
of diversity and inclusion of better technological tools which can eventually bring a major impact
across the desired network of operation. The process of managing operational aspects for
promotions can be sufficient to impact and associate better outcomes for managing diverse range
of customers and the related promotional abilities.
Availability of controls at each subsequent level of operation is largely based on achieving better
results in a marketing process. The overall operability index is based on amount and extent of
controls which are involved in the process. Controlling these attributes are largely incorporated
to achieve better design sections and suitable operability indexes for the whole process of
operations management13. The overall operability across these attributes are based on distribution
of controls across executives and management personals. The entire structure of control system
is based on designing the obligations and attract eventual outcomes and design attributes for
associating the increased requirements across the sections. Controlled and coordinated operations
are suitable for facilitating better design based inclusions and are liable to operate on defined
40 George Mason Law & Economics Research Paper.
13 Jora, Octavian-Dragomir, et al., "" Dialectical Contradictions" in the Neoclassical Theory and
Policy Regarding Market Competition: The Consumer and His Continuos Burden of Crisis"
19.45 (2017): 544 Amfiteatru Economic.

perspectives across the business. Another major factor which is associated with the included
marketing plan is based on associating differential designs and associations across control
segments. Thus the whole system of obligation is linked to promote better control to the
participant companies across the relative attributes. This initiative will also help the customers in
getting improved services and a through undertaking across the industrial obligations.
In the second section of the assessment, it is desirable that there are limitations and attributes for
formulating a distinctive amount of support to an acquisition process. The whole acquision
process is liable to formulate and signify the growth possibilities all along the process. The
decision made by the Australian Competition and Consumer Commission is based on sufficient
evidences under the section 87B14. The undertaking provided by Nutrien Ltd is sufficient to
acknowledge the decision's importance in making the whole process of acquision efficient. The
entire structure that is linked to the whole sector is assessed ideally through including better
results and achieving smooth transition through the industry. The Australian Competition and
Consumer Commission's decision for availing better responses are directly supported by the
available attributes suggested by the two participating companies. The accomplishments are
perfectly based on diversifying the challenges and retaining better outcomes for the entire
acquision process15. The availability of supportive attributes placed the foundations for
finalization of the decision. The decision taken under this particular attribute must be kept in
accordance with the described obligations and associate the design fragments for improvising the
relative development inclusion. In addition to this, the review that is being reconsidered is not at
all required and it can be eliminated. The entire process has been justified by the section 87B and
thus it can be validated to promote better responsibilities all along the process. The obligations
and attributed are perfectly framed and settled, thus there is not at all any reconsideration is
required. If any further amendment across the decision is made, it would be considered as a
major violation in terms of the section 87B that has been widely used earlier16. The
14 Federal Register of Legislation, Competition and Consumer Act 2010,
<https://www.legislation.gov.au/Details/C2011C00003>
15 Gorecki, Paul, "Reforming the Regulation of Household Waste Collection Services in Ireland:
the Competition and Consumer Protection Commission Study" (2019).
16 Federal Register of Legislation, Competition and Consumer Act 2010,
<https://www.legislation.gov.au/Details/C2011C00003>

accountabilities that are linked to each fragment of decision is sufficient for justifying the
approach and thus it needs to be intact based on the initial associations.

References:
Buchan, Jenny, "HOW COMPETITION LAW MAY AFFECT FRANCHISED SMEs IN APEC
ECONOMIES" (2016): 156 Competition Law, Regulation and SMEs in the Asia-Pacific:
Understanding the Small Business Perspective.
Auer, Dirk, et al., "ICLE Comments, The Current Landscape of Competition and Consumer
Protection Law and Policy." (2018) FTC Project P181201.
Maher, Imelda, "The networked (agency) regulation of competition" (2017): 693-710 Regulatory
Theory: Foundations and Applications.
Klien, Joseph A., P. M. Rao, and Manoj Dalvi, "Competition and Consumer Privacy in the
Cyberspace Market." (2018).
Ramaiah, Angayar Kanni, Ningrum Natasya Sirait, and Nucharee Nuchkoom Smith,
"COMPETITION IN DIGITAL ECONOMY: THE STATE OF MERGER CONTROL ON
CONSUMER TRANSPORTATION IN ASEAN" (2019): 66-82 International Journal 2.7.
Manne, Geoffrey A., et al., "ICLE Comments, FTC's Hearings on Competition and Consumer
Protection in the 21st Century" (2018) Kristian, ICLE Comments, FTC's Hearings on
Competition and Consumer Protection in the 21st Century (August 20, 2018).
Gissler, Stefan, Rodney Ramcharan, and Edison Yu, "The E ects of Competition in Consumer
Credit Markets." (2018).
Lipsky, Tad, et al., "The Federal Trade Commission’s Hearings on Competition and Consumer
Protection in the 21st Century, Innovation and Intellectual Property Policy, Comment of the
Global Antitrust Institute, Antonin Scalia Law School, George Mason University" (2018) 18-
40 George Mason Law & Economics Research Paper.
Jora, Octavian-Dragomir, et al., "" Dialectical Contradictions" in the Neoclassical Theory and
Policy Regarding Market Competition: The Consumer and His Continuos Burden of Crisis"
19.45 (2017): 544 Amfiteatru Economic.
Gorecki, Paul, "Reforming the Regulation of Household Waste Collection Services in Ireland:
the Competition and Consumer Protection Commission Study" (2019).