Competition and fair trading practices in the higher education sector: A comparative review of the position in the UK and Australia

In an earlier article, the application of competition law and policy in higher education was discussed, including with reference to the UK’s Competition Market Authority’s (UK CMA) 2015 report, An effective regulatory framework for higher education: a policy paper. By way of follow up, this article considers the UK’s and Australia’s approach to competitive conduct among higher education providers against the backdrop of the European Union’s (EU) Europe 2020 strategic framework and the UK CMA’s 2016 report, Consumer law compliance review: Higher education undergraduate sector findings report. In considering the EU’s initiatives for the provision of effective education and training systems that are founded on fair and open policies, this article will also examine the rights of students as "consumers" of learning (focusing on undergraduate students). The focus of the discussion will be on recent UK legislative amendments aimed at promoting competition and fair trading practices generally, so as to empower consumers to exercise informed choices and seek redress against unlawful and anti-competitive and unfair practices. In particular, the article will consider the implications of the UK’s Consumer Rights Act, which came into force on 1 October 2015. Comparisons will also be made with the Australian Competition and Consumer Act 2010 (especially Sch.2 to the Australian Consumer Law).