Responding to misleading conduct and unfair competition
Push back against competitors who are not playing by the rules.
Competitors who engage in misleading conduct, make false comparisons, or use unfair contract terms to lock in customers are not just acting unethically, they may be breaching the Australian Consumer Law. If your business is losing ground because a competitor is operating outside the rules, you have legal options and the framework to use them.
What is misleading conduct and unfair competition law and why does it matter?
Misleading conduct and unfair competition law regulates how businesses represent their products, services, and pricing. This protects both consumers and competing businesses from conduct that distorts the market. Under the Australian Consumer Law, a business that makes false or misleading representations in trade or commerce is exposed to ACCC enforcement action, injunctions, and significant civil penalties. If a competitor is gaining market share through conduct that is not lawful, you have legal options — and the longer the conduct continues, the more ground you lose.
Can I take action against a competitor for misleading advertising?
Yes. Under the Competition and Consumer Act 2010 (Cth), a business that engages in misleading or deceptive conduct in trade or commerce may be subject to ACCC enforcement action and private litigation. As a competitor who has suffered loss or damage as a result of the misleading conduct, you may have standing to bring a claim for damages or seek an injunction. The strength of the claim depends on the nature of the conduct, the evidence available, and the extent of the harm caused.
What is the ACCC's role in dealing with misleading conduct?
What evidence do I need to establish misleading conduct?
Is it worth lodging a complaint with the ACCC?
Stop suffering from unethical practices
Achieve your objectives
Level the field
Get advice on your options before the conduct causes more damage.
Misleading conduct by a competitor has a legal response.
Misleading conduct by a competitor does not just affect individual customers, it affects your market position. When a competitor makes false comparisons, misrepresents their qualifications, or deceives customers about the nature of their offering, they gain customers they would not have won on a level playing field. The longer the conduct continues, the more ground you lose. Knowing you have a legal response available is one thing, using it effectively requires understanding the options and their commercial consequences.
- We will assess the conduct you have identified against the Australian Consumer Law and any other applicable provisions.
- We will advise on the strength of your position and the legal options available to you.
- We will assist you in lodging a complaint with the ACCC or relevant state fair trading authority where appropriate.
- We will advise on whether an injunction or other urgent relief is warranted and assist in pursuing it.
- We will develop a strategy that addresses the conduct in a way that is proportionate to your commercial objectives.
When a competitor's conduct is undermining your business and you want to know your options
What's included in your unfair competition response service
- Competitor conduct assessment.
- ACL breach analysis.
- ACCC complaint strategy and preparation.
- Injunction and urgent relief advice.
- Competitive response strategy.
Misleading conduct by a competitor is a legal problem, not just a commercial one.
Businesses that lose customers to a competitor’s misleading conduct often assume there is nothing they can do about it. In practice, the Australian Consumer Law gives affected competitors a range of options. The ACCC and state fair trading authorities can take enforcement action. Private litigation is also available in appropriate cases. The question is not whether a legal response exists, it is whether the conduct is serious enough to warrant one and what approach will be most effective given your commercial objectives.
From a competitive disadvantage to an informed, strategic response
We assess the conduct against the legal framework and give you a clear picture of your options. Some situations call for a direct approach such as a cease and desist letter, others warrant a formal ACCC complaint or urgent court relief. We advise on the most appropriate response for your specific situation and help you pursue it in a way that is proportionate and commercially focused.
From identified conduct to a strategic, proportionate response.
Evidence and assessment
We review the evidence you have gathered and assess whether the conduct breaches the Australian Consumer Law or other applicable law.
Options and strategy
We advise on the full range of responses available and recommend a strategy matched to your commercial objectives.
Pursue and monitor
We implement the agreed strategy, whether that is a demand letter, a regulator complaint, or court proceedings.
Commercial lawyers experienced in Australian Consumer Law enforcement, misleading conduct claims, and competitive market disputes.
We know how frustrating it is to watch a competitor gain market share through conduct that is not lawful. We also know that the response needs to be strategic, a poorly targeted complaint can consume resources without delivering results. Our team advises on unfair competition matters regularly and knows how to assess what is worth pursuing and how.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
