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Take on a competitor's misleading or unfair conduct

We assess what your competitor is doing, and tell you which response is actually worth making.

A competitor making claims that are not true is not just an irritation. If the claims are misleading, the Australian Consumer Law gives you standing to do something about it. The question is rarely whether there is a breach. It is which response gets the conduct stopped without costing more than the conduct does.

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A straight answer on the case

We tell you whether the conduct actually breaches the law, including when it does not.

A response sized to the harm

Options set out by cost and likely effect, so you are not paying for litigation a letter would have fixed.

The evidence preserved

We capture what was said and when, before the advertising comes down and the record disappears.

What the law gives you when a competitor misleads the market

The Australian Consumer Law prohibits misleading or deceptive conduct in trade or commerce. It protects consumers, and it also protects competitors who lose business because someone else is not telling the truth.

A competitor who makes false comparisons, overstates their qualifications or misdescribes what they sell wins customers they would not have won otherwise. Where you can show loss from that conduct, you may be able to seek damages or an injunction. The ACCC and state fair trading bodies can also act, though they choose their matters carefully.

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Can I take action over a competitor's misleading advertising?

Often yes. Misleading or deceptive conduct in trade or commerce can attract ACCC action and private claims. The prohibition sits in the Competition and Consumer Act 2010 (Cth). If you have lost business because of it, you may be able to seek damages or an injunction. How strong that is depends on the conduct and the evidence.

What will the ACCC actually do?

It can investigate, issue infringement notices, accept undertakings, and take court proceedings. It is also selective, and takes on matters with broad consumer impact rather than disputes between two competitors. If your main aim is to stop the conduct and recover your loss, private action is usually more direct.

What evidence do I need?

The specific claims, where they appeared, and why they are false. Screenshots, advertising material, saved webpages, quotes and customer accounts all help. Capture them early. The material has a habit of disappearing once the other side knows you have noticed.

What if the conduct is annoying but not unlawful?

That happens, and we will tell you. Aggressive pricing, better marketing and poaching staff are usually lawful competition even when they hurt. Knowing which side of the line the conduct falls on is worth having before you spend anything on a response.

The evidence is easiest to preserve on the day you notice it

Advertising comes down and webpages change. Capturing what was said, and when, is the step that makes everything after it possible.

You are not required to compete against claims that are not true

You can see what the competitor is saying and you can see the customers going. What you cannot see is whether it is worth doing anything about, or what doing something would involve.

The frustration is not only commercial. You have built a business on being straight with customers, and you are losing to someone who has not.

We will assess the conduct you have identified against the Australian Consumer Law.
We will tell you how strong your position is and what options are open to you.
We will prepare and lodge a complaint with the ACCC or state fair trading where that is the right route.
We will advise on whether urgent court relief is warranted and act for you in seeking it.
We will recommend a response proportionate to the harm and your commercial objectives.

When you know what they are claiming and it is not true

A competitor is making claims about their product or service that you know to be false. Or they are using your brand in a way that confuses customers, or trading on terms you believe are unlawful. You want to know whether this is actually a breach, what your options are, and which of them is proportionate to the harm.

What's included in your unfair competition response service

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The conduct does not stop because you noticed it

Most businesses in this position do nothing, on the assumption that nothing can be done. Meanwhile the claims stay up and keep working.

Every month the conduct continues is another month of customers deciding on false information, and the loss compounds quietly. It also gets harder to prove. Advertising gets taken down, webpages change, and the evidence you needed is gone. The record of what was said is easiest to preserve on the day you first notice it.

From watching it happen to a response that fits the problem

We look at what was actually said, where, and why it is false. Then we measure it against the law rather than against how annoying it is, which produces a straight answer about whether you have a case.

If you do, we set out the options by cost and likely effect. A cease and desist letter, a complaint to the ACCC or state fair trading, or urgent court relief where the damage is fast and serious. You choose a response sized to the harm, rather than the only one that occurred to you.

How the response gets built

From conduct you have noticed to a response sized to the harm.

Capture the conduct

We help you preserve the advertising, webpages and communications that record what was actually claimed.

Test it against the law

We assess whether the conduct is misleading or deceptive and how strong the available evidence is.

Choose the response

We set out the options by cost and effect, then act on the one you choose.

Assessment and response to misleading conduct by a competitor

Watching a competitor take work on claims that are not true is a particular kind of frustration, and the instinct is to do something immediately. A badly aimed response is worse than none. It costs money, warns them, and can leave you looking like the aggressor.

We assess the conduct against the law first, then tell you honestly whether it is worth pursuing. Sometimes a letter ends it in a fortnight. Sometimes a regulator complaint is the right route, and sometimes the answer is that the conduct is irritating but not unlawful. We advise on misleading conduct claims and competitor disputes, and we will tell you when the case is not there.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Get a straight answer on whether you have a case

Bring us what the competitor has said and where they said it. We will tell you whether it breaches the Australian Consumer Law, what a response would cost, and whether we think it is worth making. If the case is not there, we will say so.

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