The Competition and Consumer Act has been amended to provide the ACCC with the discretion to waive, in whole or in part, the lodgement fee for applications for non-merger authorisations. The ACCC is likely to apply a fee of $2500 if it decides to waive a lodgement fee in part.
Requests for the ACCC to waive a lodgement fee should be made in writing to the ACCC before an application for authorisation is lodged. The request must include information about the nature of the proposed application for authorisation and set out arguments supporting the waiving of fees.
The Competition and Consumer Regulations provide that the ACCC may waive a lodgement fee if it is satisfied that the imposition of the entire fee would impose an unduly onerous burden on an applicant.
In considering the request, the ACCC will take into account all relevant information, including factors such as:
If, having regard to the applicant’s income, liabilities and assets, will the payment of the fee cause the applicant financial hardship?
Is the prospective applicant a not-for-profit organisation?
If the application is to be lodged on behalf of a number of parties, is it possible for each of these parties to make a contribution towards the fee?
Does one applicant intend to lodge a number of applications for authorisation?
If the ACCC decides to waive a lodgement fee (in whole or in part) it will advise the applicant in writing. The applicant may rely on this advice for a period of three months.
The full lodgement fee will apply if an application for authorisation is not accompanied by a copy of the ACCC’s written confirmation that it will waive (in whole or in part) the lodgement fee.
The full lodgement fee will apply if an application for authorisation is accompanied by advice from the ACCC which has expired.
