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Competition and Consumer Law

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The situation depicted under scenario A defines a tender process for the government of Queensland Beaujolais. The whole scenario related to dissolution of the state run courier and distribution of the relative service through private tenders. This process is a largely incorporated system of disintegration of services under a tender based obligation for the state based courier services. The essentials of this entire process is based on the Competition and consumer Act 2010 . This act signifies the availability of sufficient jurisdictional conservation to the customers as well as the companies operating across the product or service sectors in Australia. The fact that there are specific limitations in the ways of doing business and these specifications need to be assessed and acknowledged in context of the entire proceeding based over this particular act. The act provides consumers additional opportunities and that too in reference to smooth transition across the service segments . The overall operability factor which is based on determining effective results are put in to place under this act.

Scenario A describes a crucial process of corporations managing the competitive attributes that are related to a system of service management. The entire system of managing services under this scenario is impacted by their respective partnerships and alliance based operational structure. The fact that a tender process needs to be carried out efficiently and fairly is not at all liable under the available conditions. Two of the major service providing organizations have been involved under certain agreements and conditions that initiate breach of the part IV B of the Competition and Consumer Act 2010 . The misconducts are linked to Misuse of Market Power: section 46 Exclusive, Dealing: section 47 and Resale Price and Maintenance: section 48 of the Competition and Consumer Act 2010. The act suggests availability of strictly competitive ideology for promoting cost effective operations and increased service orientation across the organizations . On the other hand, companies involved under this particular agreement have decided not to compete with each other and have a self designed approach to the entire process of tender management. This is a complete violation of part IV B of the Competition and Consumer Act 2010 and thus cannot be undertaken. The overall operability index across this design segment is also based on limiting the competition factor across the sector and improvise the detailed orientation of adjectives all along the process. The limitations and obligations are based on identifying a less effective aspect for the common interest and a more self centred approach for the two participating institutions.

Decisions taken by the CEO’s of both the companies that are the Petasos Couriers Australia Ltd and All Queensland Deliveries Ltd are far from being in to public interest and thus are definitely not according to the part IV B of the Competition and consumer Act 2010 . Both the CEO’s have targeted exclusion of public interest and work ethics by complying over an agreement on their own. This agreement has several illustrations that signify the limitation of the act and its ineffectiveness. The introduction of this agreement entitled them with additional support factor for them and also initiated them with relative accomplishments which are not available generally . A major illustration of the irregularities which are available across the agreement can be assessed by acknowledging the clause 7 of the agreement 1. This clause clearly signifies that in case this agreement was not in place, there must have provided a much higher price range as compared to the current figure. In addition to this, acknowledgement of the fact that there are minimized competitive pricing across the related segments of services. The entire pricing process is to be carried out according to the agreement and thus there is a significant chances of irregularities which can occur with the availability of this particular agreement. The agreement limits the chances of competitive pricing, negotiation and benefits for the consumers. It also limits the entry of any new player under this industry and thus the overall operational accomplishments under this sector tends to enhance the entire resulting process and involves less fortunate advancements across the jurisdictions. Both of the companies involved under the agreement are responsible for exercising full control over the process of courier delivery and thus initiate a more advanced set of design attribute linked to the process.

This scenario describes a typical business structure that is put in to place for elimination of competitive attribute across the process of business management. The accomplishments and attributes for success are directly linked to each other and thus the illustrations under this section are perfectly justified all along the entire process of business management. The scenario describes attributes of an Australian online bookstore named BPL . This bookstore has been using its influence over two major courier service providing organizations named PCA and AQD. This initiative is put in to place for cutting the entry of a new online bookstore company named DPL that is backed by an American bookstore giant Congo Inc. The process used under this particular segment can be considered as less constitutional and law abiding as it limits the competitive attributes that are available across the respective regions. Each of the companies must be provided with sufficient supportive attribute to function independently and thus prohibiting them for attaining a responsive structure is more likely to affect the entire situation. The interventions carried out by BPL are a direct violation of the section 45(2) of Competition and consumer Act 2010 under the obligations of anti-competitive arrangements. The fact that there are significance based operational illustrations that are linked to assess the growing needs and requirements of the markets must be assessed by the companies and competitors available along the industry.

The activities carried out by BPL across the Queensland market by development of agreements are liable to signify the overall impacts and disassociate it from the legal framework of business conduction. The Competition and consumer Act 2010 provides equal opportunities to each of the fragments across a sector to flourish on the basis of equal opportunities and challenges . But the process carried out under the provided scenario describes a constant breach of the part VI A of this act. Thus, the whole process can be considered as less significant in accordance with the described attributes and association factorials. The overall operability index that is linked to the process of managing a competitive association is more likely to affect the process and indulge less liberal operational ideology across the online bookstore industry. In addition to this, the obligations that are put in to place justify the lacking competitive identity presented across the process. This signifies the entire framework and illustrates limitations that are facilitated to promote better decision making across the industry. Depriving of subordinate services to any new entrant by an established organization across a sector is not at all useful under an efficiently organized and competitive market . This is also directly related to influencing the strengths and opportunities under an organizational dimension. The availability of a fairly organized sector through competitive attributes are largely helpful in managing better product pricing and efficient service quality all along the process. Each of the participants across an industry have equal rights to indulge in to services or products facilitation and interruption from any of the relative competitors can be considered as unlawful as well as unethical. Thus the initiatives taken by BPL for controlling its traditional hold on the respective sector. DPL is liable to avail equal opportunities across the sector and thus is eligible for a better design across the industry in order to cope with the attributes put in to place by BPL. In addition to this, the initiatives taken by BPL are also liable to limit the services for available consumer strength.

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BPL must undertake suitable approach for improving its operational expectations despite of indulging in to the agreements for limiting developments at DPL. The agreement is not only restricts the growth prospects for DPL but its also affects both the courier companies as they would have got better business while working with DPL. However, they are being compensated well by BPL, but the increase in organizational proceedings would have been largely helpful for the company. In addition to this, BPL is one section across this agreement process that has been taking on the additional burden of expenses which it has to pay based on the agreement. The entire process of this agreement based business limitation is liable to subordinate better accomplishment and attitude for helping the industry grow and eventually develop as a whole . In addition to the financial obligations, BPL is also liable to indulge under a strict legal framework as there are specific limitations that are intended to promote less complex competitive approach for the participants under this sector. Thus the obligations linked to the part VI A of Competitive and consumer act 2010 are violated and thus a smooth design must be put in to place for describing a better relativeness and coordination across the process.

This scenario describes an authorization based process that is put in to place for making decisions in an informed manner and achieving better understanding of the resource based approaches all along the process. The entire scenario is based on discussions for relative association and accomplishment of better understanding that is ideally placed across the delivery market comparisons . The website providing updated information across the delivery perspectives provides its users to include any lacking attributes and make changes according to the available scenario. As long as the information that is being provided is genuine and in compliance with the website’s regulations, there is no legal consideration involved. The entire process of managing the reach and accomplishment process is assessed across the website and a detailed report is provided. This particular factor is capable of providing the facilitators an equal and even opportunity for progress and customer acquisition. The platform is also helpful in being in to a whole engagement process and is liable to engage across defined attributes extensively . The whole structure of program is based on building a smooth transition and a functional process that is highly effective in acknowledging the changes and additions across the whole process of delivery management.

This process also helped in availing promotional attributes across the desired networks. Promotions are the basic developmental designs associated with a courier delivery company. As most of the operations are largely associated with the design segments and there are suitable amount of obligations related to the structure marketing and advertising, the companies can also provide innovation and creativity across its promotional aspects related to such comparative websites. Social media platforms and online website for comparisons based promotions can be the two major attributes which can be used by the company in order to avail efficient promotional obligations. The promotional process can be initiated with providing a desired range of diversity and inclusion of better technological tools which can eventually bring a major impact across the desired network of operation. The process of managing operational aspects for promotions can be sufficient to impact and associate better outcomes for managing diverse range of customers and the related promotional abilities.

Availability of controls at each subsequent level of operation is largely based on achieving better results in a marketing process. The overall operability index is based on amount and extent of controls which are involved in the process. Controlling these attributes are largely incorporated to achieve better design sections and suitable operability indexes for the whole process of operations management . The overall operability across these attributes are based on distribution of controls across executives and management personals. The entire structure of control system is based on designing the obligations and attract eventual outcomes and design attributes for associating the increased requirements across the sections. Controlled and coordinated operations are suitable for facilitating better design based inclusions and are liable to operate on defined perspectives across the business. Another major factor which is associated with the included marketing plan is based on associating differential designs and associations across control segments. Thus the whole system of obligation is linked to promote better control to the participant companies across the relative attributes. This initiative will also help the customers in getting improved services and a through undertaking across the industrial obligations.

In the second section of the assessment, it is desirable that there are limitations and attributes for formulating a distinctive amount of support to an acquisition process. The whole acquision process is liable to formulate and signify the growth possibilities all along the process. The decision made by the Australian Competition and Consumer Commission is based on sufficient evidences under the section 50 . This section describes the availability of sufficient possibilities for a merger process to be accomplished. The undertaking provided by Nutrien Ltd is sufficient to acknowledge the decision’s importance in making the whole process of acquision efficient. The entire structure that is linked to the whole sector is assessed ideally through including better results and achieving smooth transition through the industry. The Australian Competition and Consumer Commission’s decision for availing better responses are directly supported by the available attributes suggested by the two participating companies. The accomplishments are perfectly based on diversifying the challenges and retaining better outcomes for the entire acquision process . The availability of supportive attributes placed the foundations for finalization of the decision. The decision taken under this particular attribute must be kept in accordance with the described obligations and associate the design fragments for improvising the relative development inclusion. In addition to this, the review that is being reconsidered is not at all required and it can be eliminated. The entire process has been justified by the section 87B and thus it can be validated to promote better responsibilities all along the process. The obligations and attributed are perfectly framed and settled, thus there is not at all any reconsideration is required. If any further amendment across the decision is made, it would be considered as a major violation in terms of the section 87B that has been widely used earlier . The accountabilities that are linked to each fragment of decision is sufficient for justifying the approach and thus it needs to be intact based on the initial associations.

References

  1. Buchan, Jenny, ‘HOW COMPETITION LAW MAY AFFECT FRANCHISED SMEs IN APEC ECONOMIES’ (2016): 156 Competition Law, Regulation and SMEs in the Asia-Pacific: Understanding the Small Business Perspective.
  2. Auer, Dirk, et al., ‘ICLE Comments, The Current Landscape of Competition and Consumer Protection Law and Policy.’ (2018) FTC Project P181201.
  3. Maher, Imelda, ‘The networked (agency) regulation of competition’ (2017): 693-710 Regulatory Theory: Foundations and Applications.
  4. Klien, Joseph A., P. M. Rao, and Manoj Dalvi, ‘Competition and Consumer Privacy in the Cyberspace Market.’ (2018).
  5. Ramaiah, Angayar Kanni, Ningrum Natasya Sirait, and Nucharee Nuchkoom Smith, ‘COMPETITION IN DIGITAL ECONOMY: THE STATE OF MERGER CONTROL ON CONSUMER TRANSPORTATION IN ASEAN’ (2019): 66-82 International Journal 2.7.
  6. Manne, Geoffrey A., et al., ‘ICLE Comments, FTC’s Hearings on Competition and Consumer Protection in the 21st Century’ (2018) Kristian, ICLE Comments, FTC’s Hearings on Competition and Consumer Protection in the 21st Century (August 20, 2018).
  7. Gissler, Stefan, Rodney Ramcharan, and Edison Yu, ‘The E ects of Competition in Consumer Credit Markets.’ (2018).
  8. Lipsky, Tad, et al., ‘The Federal Trade Commission’s Hearings on Competition and Consumer Protection in the 21st Century, Innovation and Intellectual Property Policy, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University’ (2018) 18-40 George Mason Law & Economics Research Paper.
  9. Jora, Octavian-Dragomir, et al., ” Dialectical Contradictions’ in the Neoclassical Theory and Policy Regarding Market Competition: The Consumer and His Continuos Burden of Crisis’ 19.45 (2017): 544 Amfiteatru Economic.
  10. Gorecki, Paul, ‘Reforming the Regulation of Household Waste Collection Services in Ireland: the Competition and Consumer Protection Commission Study’ (2019).
  11. Federal Register of Legislation, Competition and Consumer Act 2010,

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Competition and Consumer Law. (2022, Jun 09). Edubirdie. Retrieved February 4, 2023, from https://edubirdie.com/examples/competition-and-consumer-law/
“Competition and Consumer Law.” Edubirdie, 09 Jun. 2022, edubirdie.com/examples/competition-and-consumer-law/
Competition and Consumer Law. [online]. Available at: <https://edubirdie.com/examples/competition-and-consumer-law/> [Accessed 4 Feb. 2023].
Competition and Consumer Law [Internet]. Edubirdie. 2022 Jun 09 [cited 2023 Feb 4]. Available from: https://edubirdie.com/examples/competition-and-consumer-law/
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