- What major projects has CCL Consultants recently worked on?
- Why increase your company's compliance with the CCA?
What major projects has CCL Consultants recently worked on?
CCL Consultants has been busy provided a variety services for its various clients, including:
- Due diligence advice and drafting documentation to ensure new and existing products adhere to product claims, consumer guarantees, and safety standards.
- CCA and ACL training for approximately 3000 employees, and training as a result of FCA orders that is practical and easily understood by employees within various positions within an organisation (i.e. CEO, MD, marketing, sales, product development, and legal).
- Regular client negotiations and communications with the ACCC regarding a various mergers and acquisitions, collective bargaining agreements, misleading and deceptive conduct, product safety recalls, RPM, and exclusive dealing arrangements.
- Designing, implementing and overseeing a level 4 compliance program as per court enforceable undertakings.
- Conducting comprehensive risk assessment, and audits of existing policies, processes, and procedures for an international retailer.
- Merger and acquisitions advice to external parties in relation to key mergers: NAB/AXA, Foxtel/Austar, Asahi/P&N, SAB Miller/Fosters, and Metcash/Franklin.
- Economic advice and submissions to Government and regualtors in relation to misuse of market power, and exclusive dealing arrangements.
- Mediation services for franchising arrangements, and other business to business transactions.
Since commencing operations, CCL Consultants has been successfully providing advice to a variety clients, including one of Australia's larger supermarket operators, industry associations, law firms, investment banking firms and small businesses.
Why increase your company's compliance with the CCA?
Restrictive Trade Practices Provisions
Civil pecuniary penalties including:
The maximum penalties for breaches of the restrictive trade practices breaches of the CCA for companies are the greater of –
- $10 million;
- 3 times the benefit gained; and
- 10% of the annual turnover of the company.
Individuals (Directors, employees) – civil pecuniary penalty of up to $500,000. In addition, criminal penalties (as above) are also available for ‘hard core’ cartel conduct. Individuals can be subject to a fine of up to $500,000 and/or imprisonment up to 10 years for ‘hard core’ cartel conduct.
Orders banning an individual from being a Director may also be available.
Consumer Protection and Product Safety Provisions
Civil pecuniary penalties and criminal fines are available to ACL regulators (including ACCC, and state fair trading agencies), including up to $1.1 million per breach of the consumer protection provisions for companies and $220,000 for individuals.
Some specific examples include:
Bans: A supplier who fails to comply with a ban may be found guilty of a criminal offence. Civil and criminal penalties outlined above may apply.
Product Safety Standards: a supplier may be found guilty of a criminal offence if they fail to:
- Comply with a mandatory safety standard – civil and criminal penalties set out above may apply.
- Nominate the standard they are compliant with if required to do so by a consumer protection agency. The maximum fine is $4,400 for an individual or $22,000 for a body corporate.
Such offences are a strict liability offence, which means a court does not have to consider the person’s intention before finding them guilty.
Other remedies available
Damages and compensation;
Declarations and injunctions;
Relief from the contract, i.e. the contract being rescinded or repealed;
Banning orders; and
Other non-punitive orders (including orders requiring corrective advertising, and the implementation of compliance programs.
Reputational damage to the company’s name arising from any regulatory action.
REMEMBER: effective compliance minimises the risk of breaching the Competition and Consumer Act 2010, including the Australian Consumer Law. It also makes good business sense. CCL Consultants can assist your business!
Telephone CCL Consultants on 0433 292 777 or email: email@example.com