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Law Council of Australia

Business Law Section

Competition and Consumer (Industry Codes - Unit Pricing) Regulations 2021

The submission to the Treasury in relation to the Competition and Consumer (Industry Codes - Unit Pricing) Regulations 2021 consultation was prepared by the Competition and Consumer Committee of the Business Law Section.

The Competition and Consumer Committee makes two points in respect of the Unit Pricing Regulations.

First, the definition of online grocery retailer is “a person that sells, using the internet, the minimum range of food-based grocery items to consumers”. In our view, “the minimum range of” should be dispensed with for two reasons.

(a) Purchasers in an online context do not have the ability to see the item or its packaging in three dimensions nor obtain a sense of its scale.

(b) It is generally an easier exercise to ensure that online offerings include unit pricing in the displayed product information, than it would be for physical offerings.


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