Authorisations

ACCC denies authorisation for insurance companies to jointly set a cap on sales commissions

The Australian Competition and Consumer Commission has issued a final determination denying authorisation to 16 insurance companies to agree to a cap of 20 per cent on commissions paid to car dealers who sell their add-on insurance products.

“The ACCC is denying authorisation because we believe this proposal is unlikely to change sales incentives or the quality of products, and consumers will still be sold products without being given adequate information or opportunity to make a considered decision,” ACCC Chairman Rod Sims said.

ACCC welcomes reporting of payments to individual healthcare professionals

The Australian Competition and Consumer Commission welcomes transparency reports published by Medicines Australia member companies in accordance with the Code of Conduct authorised by the ACCC in April 2015.

The Code sets the standards for the marketing and promotion of prescription pharmaceutical products in Australia by member companies. The reporting regime requires identification of ‘transfers of value’, such as speaking fees, advisory board fees, and sponsorships to attend conferences, made by member companies to individual healthcare professionals since October 2015.

ACCC denies authorisation to joint procurement of SA waste arrangements

The Australian Competition and Consumer Commission has denied authorisation to Council Solutions and a group of five metropolitan Adelaide councils which had applied to jointly procure waste management services in Adelaide.

Council Solutions, Adelaide City Council, Charles Sturt, Marion, Tea Tree Gully, and Port Adelaide Enfield sought authorisation for 17 years to jointly procure the supply of waste collection, recyclables, organics collection and processing, and waste disposal services.

ACCC proposes to deny authorisation for tobacco companies

The Australian Competition and Consumer Commission has issued a draft determination proposing to deny authorisation to British American Tobacco, Imperial Tobacco, and Philip Morris (the tobacco companies) to jointly stop supply to retailers or wholesalers they believe are supplying illicit tobacco.

The ACCC considers that having the three dominant tobacco companies working together, sharing information, and making decisions about whether or not to supply particular retailers raises competition concerns.

ACCC proposes to deny authorisation for banks to collectively bargain with and boycott Apple on Apple Pay

The Australian Competition and Consumer Commission has issued a draft determination proposing, on balance, to deny authorisation to the Commonwealth Bank of Australia, Westpac Banking Corporation, National Australia Bank, and Bendigo and Adelaide Bank (the banks) to collectively bargain with and boycott Apple on Apple Pay.  

The banks sought authorisation to bargain with Apple on two key issues:

ACCC proposes to deny authorisation of real estate advertising collective negotiations

The Australian Competition and Consumer Commission has issued a draft determination proposing to deny authorisation to Property Media Group Pty Ltd (PMG). PMG is seeking to collectively bargain and boycott suppliers of online and print real estate advertising, including realestate.com.au and domain.com.au.

PMG made the application for authorisation on behalf of itself and 170 real estate agents ranging from individual agents to representatives of large franchise groups.

ACCC continues its review of banks’ application for authorisation to collectively bargain with Apple

The Australian Competition and Consumer Commission is continuing to assess the applications for authorisation by the Commonwealth Bank of Australia, Westpac Banking Corporation, National Australia Bank, and Bendigo and Adelaide Bank after deciding not to grant the banks’ request for interim authorisation at this early stage of its assessment process.

The banks wish to engage in collective negotiation and boycott activities with Apple in relation to its e-commerce Apple Pay platform and with other third party wallet providers in Australia.