In circumstances where the public benefit from the conduct would outweigh any public detriment the ACCC, upon a formal application, can authorise cartel conduct that relates to:
price fixing
restricting outputs
allocating customers, suppliers or territories
bid rigging.
Before reaching a decision about whether to grant authorisation, the ACCC will engage in a public consultation process, issue a draft decision and consider any responses from interested parties.
Generally, conduct that has already occurred cannot be authorised. You should seek authorisation well in advance of embarking on any conduct that may breach the Competition and Consumer Act.
Lodging applications for authorisation
If you are considering lodging an application for authorisation, we encourage you to arrange a meeting to discuss the matter with the ACCC Adjudication Branch.
Applicants must pay fees when lodging an application. The ACCC may use its discretion to reduce or waive these fees if they would cause unnecessary hardship to the applicant.
