
Competition law is usually discussed as something that constrains large companies, and it is also a protection small businesses can actually use. Conduct that excludes you from a market, exclusive arrangements that lock you out of suppliers or customers, and price fixing among competitors are all prohibited, and complaints can be lodged by anyone affected.
Three categories matter to a small business.
Abuse of dominance
A firm with market power may not use it to exclude competitors: refusing to supply an essential input, predatory pricing designed to drive you out, or requiring customers to buy one product to get another.
If a dominant supplier refuses to deal with you on reasonable terms, or a large customer imposes conditions that exclude you from the market rather than reflecting genuine requirements, that may be actionable rather than simply commercial reality.
Agreements between competitors
Price fixing, dividing markets between competitors, and collusive tendering are prohibited outright. These are the most serious contraventions and they carry substantial penalties.
This matters in both directions: you are protected from competitors colluding against you, and you must be careful in industry associations and informal conversations. Discussing pricing with a competitor is a risk regardless of intention.
Restrictive vertical arrangements
Exclusive supply or distribution agreements, and minimum resale price maintenance, can be unlawful where they substantially prevent competition. Long exclusive arrangements that lock a whole segment away from new entrants are a recurring issue.
A supplier may recommend a resale price but generally may not compel one, which is worth knowing if you are being pressured on what you charge.
How to raise it
Complaints are lodged with the Competition Commission, which investigates and can refer matters to the Competition Tribunal. You do not need to be a competitor of the firm concerned to complain.
Keep evidence: correspondence, terms you were offered, and what was said and by whom. The Commission has also run market inquiries into sectors where concentration blocks small business entry, and those inquiries are a route to structural change rather than only individual remedy.
Frequently asked questions
Can competition law help a small business?
Yes. Conduct excluding you from a market, exclusionary exclusive arrangements and price fixing are all prohibited and complainable.
What counts as abuse of dominance?
A firm with market power refusing to supply an essential input, pricing predatorily, or tying one product to another.
Is discussing prices with a competitor risky?
Yes. Price fixing is prohibited outright, and conversations in industry settings carry real risk regardless of intention.
Can a supplier dictate my resale price?
They may generally recommend but not compel one. Minimum resale price maintenance can be unlawful.
How do I complain?
Through the Competition Commission, which investigates and can refer matters to the Tribunal. Keep correspondence and terms as evidence.
Further reading
Originally published in May 2018. Updated September 2026 into guidance on how competition law protects small businesses.
