ACCC Commission and decision making

ACCC Commission

The ACCC members are collectively referred to as the Commission.

They meet regularly to make decisions on matters investigated by the ACCC. The meetings are usually chaired by the Chair and must include at least 2 of the full-time members.

Matters considered at Commission include:

mergers, authorisations and notifications
whether to begin court proceedings,
decisions about access to infrastructure facilities.

ACCC sub-committees

The ACCC has 7 sub-committees to help streamline the Commission’s decision making.

These committees are composed of full-time members and/or associate members who have expertise on specific matters.

Enforcement Committee

Meets weekly. The committee oversees the ACCC’s enforcement program to ensure compliance with and enforcement of the Competition and Consumer Act 2010. Its recommendations are referred to the Commission for decision.

Mergers Review Committee

This committee decides if mergers and acquisitions are likely to substantially lessen competition. Decisions to oppose a merger or to accept an undertaking to remedy competition concerns are referred to the Commission for decision.

Communications Committee

Meets fortnightly. The committee is the main forum to consider regulatory and competition issues arising in the communications sector. Major statutory matters are referred to the Commission for decision.

Infrastructure Committee

Meets fortnightly. The committee oversees access, price monitoring, transport and water regulatory issues.

Competition Exemptions Committee

Meets fortnightly. The committee considers applications for authorisation, significant notifications of exclusive dealing and collective bargaining conduct, and significant certification trademarks applications. All applications for authorisation are then submitted to the Commission for decision.

Consumer Data Right Committee

Meets fortnightly. The committee oversees the ACCC’s role in implementing the Government’s Consumer Data Right policy. This includes performing our regulatory functions for the Consumer Data Right such as accrediting data recipients, compliance and enforcement, and considering exemption requests.

Compliance and Product Safety Committee

Meets fortnightly.

Sets the policy and strategic direction for the ACCC’s contacts, such as through the ACCC Infocentre, and for compliance and product safety functions.
Makes decisions about policy recommendations, law reform proposals and the exercise of relevant statutory powers and functions.
Oversees the strategic compliance and education functions that relate to consumer, small business and product safety programs.

Review of decisions

Some of the decisions relating to grants of immunity and arbitration decisions involving access to essential facilities, can be appealed to the Australian Competition Tribunal.

Additionally, many of the ACCC's decisions are also subject to review under Commonwealth administrative law principles.