New bill promises special ACCC treatment for small business complaints

Small businesses would be granted a dedicated complaints process within the Australian Competition and Consumer Commission (ACCC), fast-tracking their concerns about breaches of competition law or franchising regulations, under a new bill before the House of Representatives.

On Thursday, Assistant Minister for Competition, Charities and Treasury Andrew Leigh tabled a proposal that would give special consideration to complaints made by small businesses or consumers ‘designated’ by the relevant minister.

This designated complaints pathway — formerly referred to by Labor as “super complaints” — would elicit a response from the ACCC in 90 days, side-stepping the existing complaint assessment process.

Further, the ACCC itself would be empowered to hand down a “further action notice” and commit to action no later than six months after receiving the complaint.

Labor says this system could provide faster remedies to small business advocates that can present strong evidence of market misconduct or systemic issues, with explanatory materials noting the ACCC already receives a “large number of reports each year and must be selective in the matters it investigates”.

In a joint statement with Small Business Minister Julie Collins, Leigh said the reforms would “guarantee that the ACCC will consider the issue and respond” to designated small business issues.

“Competition is the consumer’s best friend,” he said.

“Whether it’s beer or ice cream, airlines or supermarkets, too many markets are excessively concentrated.

“A lack of competition means people pay higher prices, and experience slower productivity growth.

“Because monopolies tend to gouge the vulnerable, a lack of competition worsens inequality.”

Collins said it would assist in levelling the playing field for SMEs.

“Small businesses work hard, and they deserve to be heard,” she said.

“We are fulfilling our commitment to give small businesses and their representatives better opportunities to have their concerns addressed quickly.”

The bill arrives in the House of Representatives shortly after the tabling of a report on the Franchising Code of Conduct, and government commitments to bolster the payment times reporting system.