Notification is a process under which parties that propose to engage in exclusive dealing conduct may obtain protection from legal action under the Competition and Consumer Act, if the conduct is in the public interest.
Notifications can only be lodged by the party engaging in exclusive dealing conduct.
The notification process for third line forcing differs from that for other exclusive dealing conduct.
Third line forcing
For a notification concerning third line forcing conduct, the protection from legal action begins 14 days after a valid notification is lodged.
The ACCC may at any stage remove the immunity provided by a third line forcing notification if the likely benefit to the public from the notified conduct would not outweigh the likely detriment to the public resulting from the conduct.
Exclusive dealing other than third line forcing
For a notification concerning exclusive dealing conduct other than third line forcing, immunity from legal action begins on the date a valid notification is lodged.
The ACCC may remove the immunity provided by a notification concerning exclusive dealing conduct other than third line forcing if it is satisfied that the proposed conduct will result in a substantial lessening of competition and the public benefit that may result from the proposed conduct would not outweigh the detriment to the public caused by the lessening of competition.
