What is a notification for the private disclosure of pricing information?

Notification is a process under which parties that propose to engage in certain conduct may seek protection from legal action under the Competition and Consumer Act, if the conduct is in the public interest.

The notification process for the private disclosure of pricing information

A notification can be lodged in relation to a disclosure of information which may breach s. 44ZZW which relates to the private disclosure of pricing information to a competitor where the disclosure is not in the ordinary course of business.

Legal protection for the notified conduct commences automatically 14 days after the notification is validly lodged, unless the ACCC formally objects within that period.

The ACCC may revoke, or prevent (if within 14 days), the legal protection provided by a notification if the ACCC is satisfied that the likely public benefit will not outweigh the likely public detriment from the proposed disclosure.

Notification is a public process

The ACCC is required to maintain authorisation and notification registers. The ACCC may place information from the public register on the ACCC website.

Parties providing information to the ACCC regarding a notification or authorisation may ask that the information, or parts of it, be excluded from the public register because it is confidential.

Parties are encouraged to contact the ACCC in advance of lodging a notification to discuss questions regarding confidential information.

For further information about the process for excluding information from the public register, please consult the Guidelines for excluding information from the public register for authorisation, merger clearance and notification processes.