Section 59 Federal Competition and Consumer Protection Act 2018

Section 59 of the Federal Competition and Consumer Protection Act 2018 is about Prohibition of agreements in restraint of competition. It is under Part VIII (Restrictive Agreements) of the Act.

(1) Any agreement among undertakings or a decision of an association of undertakings that has the purpose of actual or likely effect of preventing, restricting or distorting competition in any market is unlawful and, subject to section 61 of this Act, void and of no legal effect.

(2) The prohibited acts under subsection (1) include, in particular –
(a) directly or indirectly fixing a purchase or selling price of goods or services, subject to section 1 07 of this Act;
(b) dividing markets by allocating customers, suppliers, territories or specific types of goods or services;

(c) limiting or controlling production or distribution of any goods or services, markets,! technical development or
investment, subject to section 108 of this Act;
(d) engaging in collusive tendering, subject to section 109 of this Act; or

(e) making the conclusion of an agreement subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such agreement.