Application by Flexigroup Limited (No 2) [2020] ACompT 2

AUSTRALIAN COMPETITION TRIBUNAL

Application by Flexigroup Limited (No 2) [2020] ACompT 2 Review from: Application for authorisation AA1000439 lodged by Australian Energy Council, Clean Energy Council, Smart Energy Council and Energy Consumers Australia in respect of the New Energy Tech Consumer Code

File number: ACT 1 of 2019

Tribunal: O'Bryan J (Deputy President) DR J WALKER (Member) MS D EILERT (Member)

Date of Determination: 15 September 2020

Date of publication of reasons: 28 September 2020

Catchwords: COMPETITION AND CONSUMER – review under s 101 of the Competition and Consumer Act 2010 (Cth) of authorisation granted by the Australian Competition and Consumer Commission – voluntary code of conduct for suppliers of New Energy Tech (including solar panels) for residential and small business use – code of conduct restricts the offer of unregulated consumer credit (including buy now pay later) in connection with unsolicited sales of New Energy Tech – code of conduct stipulates conditions in relation to the offer of unregulated consumer credit (including buy now pay later) in connection with unsolicited sales of New Energy Tech – under the code of conduct, suppliers must comply with mandatory standards prepared by Code Administrator – where code of conduct likely to give rise to public benefits but also likely to give rise to public detriments – where public detriments can be removed or reduced by conditions of authorisation requiring amendments to the code of conduct – whether appropriate to impose conditions of authorisation relating to reporting – determination of the Australian Competition and Consumer Commission varied