SMEs invited to have their say on the ACCC’s new VIP competition complaint system

Three business and consumer representative groups will have access to Australia’s new and turbo-charged competition complaints system, according to a Treasury draft outlining the long-awaited scheme.

The Albanese government’s Fair Go for Consumers and Small Business Bill passed through Parliament on Tuesday, granting small business stakeholders new designated complaint powers through the Australian Competition and Consumer Commission (ACCC).

The designated complaints scheme is designed to fast-track and prioritise complaints related to significant and wide-spread competition issues, including those that effect small business.

The Treasury on Wednesday unveiled a draft blueprint for the scheme, inviting small business and consumer advocates to have their say before the scheme goes live in July this year.

Under the plan, the designated complaints function will initially open to three representative groups at a time, ensuring the new system is not overrun with complaints better suited to its standard complaint systems.

Additionally, the draft proposes those groups can only make one designated complaint every 12 months.

The ACCC will consider the merit of designated complaints under four broad criteria:

• the significance and systemic spread of competition issues affecting small business and consumers, or both;
• what harm is being caused, and whether it will continue without intervention;
• the benefit to the public of taking action;
• the cost of that action to the ACCC.

Under the draft, the ACCC will also reserve the right to knock back a complaint if it believes those concerns are already being handled by an official inquiry, investigation, or legal proceedings.

It also provides a carveout allowing the ACCC to avoid taking action in “exceptional” circumstances.

Stakeholders are invited to submit their views on the draft determination before April 11, and small business groups will be invited to put their hand up for designation from May.