The ACCC Compliance and Enforcement Project: Assessment of the Impact of ACCC Regulatory Enforcement Action in Unconscionable Conduct Cases

Abstract

This paper evaluates the success of the Australian Competition and Consumer Commission (ACCC) in changing and reinforcing norms of business behaviour in relation to avoiding unconscionable conduct. First the Report sets out the reasons for, and controversy over, the introduction of unconscionable conduct provisions into the Australian Trade Practices Act. The Report goes on to use qualitative empirical evidence to evaluate the success of the ACCC in enforcing the unconscionable conduct provisions in a number of key cases concerning retail leasing, franchising and consumer transactions. We conclude that the ACCC has, through its enforcement activity, succeeded in raising awareness of the proh..