ACCC reviews MFAA's exclusive dealings
The close relationship between the Mortgage and Finance Association of Australia and a number of financial institutions will be put under the microscope in an Australian Competition and Consumer Commission review of certain exclusive dealings.Virgin Money, Mortgage Choice and Aussie Home Loans require mortgage brokers and financial planners to be members of the MFAA as a condition of doing business with them.ING Direct has a slightly different arrangement - it requires that brokers and planners undertake training with the MFAA.The institutions have lodged exclusive dealing notifications with the Australian Competition and Consumer Commission, which provides them with protection from legal action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act.There is potential for consumer detriment in situations where businesses engage in third-line forcing - requiring a consumer or business partner to buy one product as a condition of having another. The arrangements are long-standing; Aussie Home Loans lodged its notification in February 2007 and the others were lodged later the same year and in 2008.But, late in November, the ACCC wrote to the MFAA advising it that it would review the notifications.The ACCC may allow a third-line forcing notification to stand "if it is satisfied that the likely benefit to the public arising from the conduct will outweigh the likely detriment to the public arising from the conduct."The ACCC may revoke a third-line forcing notification "at any time if it determines that the conduct to which the notification relates no longer delivers a net public benefit.In its letter to the parties, the ACCC asked them to comment on whether the balance of public benefits and detriments arising from the notification had changed as a result of credit licensing under the National Consumer Credit Protection Act.In the days before the NCCP the industry was self-regulating and the MFAA was the leader in setting standards and providing training and accreditation. By requiring their brokers to be members of the MFAA, aggregators and lenders could ensure that their intermediaries met minimum professional standards.What the ACCC wants to determine is whether there is still a public benefit in continuing with these exclusive dealings when the industry is now regulated and minimum standards are mandated.Another issue has been raised by rival industry bodies including the Commercial Asset Brokers Association of Australia and the Finance Brokers Association of Australia. They argue that under these exclusive arrangements brokers are being denied the right to choose their preferred industry representation.The MFAA argues in its submission to the ACCC that there is still public benefit in these relationships because the standards imposed on its members are "significantly higher than those imposed on mortgage brokers under legislation.""The MFAA regime covers many ethical, educational and professional issues that the NCCP does not and will not cover. It provides a much higher level of consumer protection than the NCCP."Aussie Home Loans and Mortgage Choice have put forward similar views in their submissions to the ACCC review.