The prohibited anti-competitive conduct under the ICCC Act is referred to as Market Conduct Rules (MCR). The MCR plays a crucial role in regulating anti-competitive commercial arrangements and safeguarding market competition. The ICCC enforces the MCR by investigating potentially anti-competitive conduct and taking appropriate corrective actions. The corrective actions may include asking the alleged perpetrators to cease engaging in the conduct or taking legal action against them for potential breaches of the ICCC Act.

The ICCC may initiate its own investigations or upon receiving a complaint from anyone.

Any potentially anti-competitive complaints can be lodged with the ICCC for investigation and if necessary, appropriate corrective actions. Complaints can be made through phone calls, walk-in interviews, social media messages, online complaint forms on the website, or formally written correspondences. Any person – competitors, other businesses, consumers, employees, regulators, etc. – can lodge a complaint with the ICCC.

When the ICCC receives a complaint, it screens it to ensure the alleged anti-competitive conduct is likely to raise competition concerns under any of the MCR. It then registers it and undertakes a preliminary assessment to determine whether or not the complaint amounts to a prima facie case. If it doesn’t, the ICCC advises the complaint of its findings and reasons not to pursue the case. Where there is a prima facie case, the ICCC undertakes a detailed analysis to ascertain whether a breach of the ICCC Act has occurred from the alleged conduct. There is no time limit to handling a complaint, however, as a rule of thumb; complaints are dealt with as expeditious as possible.

If the issues raised in the complaint are outside of the ICCC’s competition mandate, these are referred to the relevant authorities; and the complainant is informed accordingly.

If you wish to make a complaint about an alleged breach of the ICCC Act we ask that you contact the ICCC and supply the following information.

When you lodge a complaint, ensure to supply the following key information:

The investigation process begins when complaints have been assessed that it is likely to raise serious competition concerns under one of the prohibited MCR.  The investigation continues until the ICCC concludes whether or not the relevant provision(s) of the ICCC Act is likely to be breached.

The ICCC has strong investigative powers. It can voluntarily seek information or do so forcefully. The ICCC can summon alleged perpetrators and or a potential witness to give information. A Statutory Notice will be issued to provide a written response, and a compulsory interview can be conducted to give information and evidence on oath.

Throughout the investigation process, the ICCC collects information or evidence, conducts interviews with relevant parties, and undertakes a thorough analysis to determine the existence and extent of anti-competitive behavior. If an investigation reveals any violations of the MCR, appropriate enforcement actions are taken, such as requesting parties to cease engaging in anti-competitive conduct or take legal action against them.

The ICCC Act prescribes various maximum penalties for breaches of the MCR. The penalties are designed to reflect the seriousness of illegal commercial behavior and the harm caused by anti-competitive activities. The following is an overview of the maximum penalties: