Following the amendments to the Competition and Consumer Act 2010 (Cth) (CCA) made by the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (Cth) (amendment) that came into effect on 6 November 2017, div 1A of pt IV of the CCA was repealed. This included those provisions relating to price signaling.

Prior to the amendment, a corporation was prohibited from making a private disclosure of pricing information to a competitor (typically known as price signalling). Section 44ZZT provided that the prohibition applied only to those classes of goods and services which are specified in the Competition and Consumer Regulations 2010 (Cth). At the date this section was repealed, the only goods and services to which it applied were banking services.

The conduct that was previously prohibited under the price signalling provisions will instead be prohibited as a “concerted practice” if it has the purpose, effect, or likely effect of substantially lessening competition.

See Prohibition on price signalling.