The ACCC has issued a determination granting conditional authorisation to enable members of the mining sector to coordinate and collaborate to respond to disruptions in the supply of specified critical services and supplies caused by the COVID-19 pandemic.

The ACCC may grant authorisation which provides businesses with legal protection for arrangements that may otherwise risk breaching competition law but are not harmful to competition and/or are likely to result in overall public benefit. The ACCC considers that maintaining competition in the long term will be critical to benefit both consumers and the economy. The ACCC considers that the proposed conduct is likely to deliver public benefit by helping to ensure the supply of critical services and supplies through the period of the pandemic which will support the continuation of safe and efficient mining operations. 

The ACCC has granted conditional authorisation until 30 June 2021. The conditions will allow the ACCC to monitor the authorised conduct.

Further information about the ACCC’s decision is available on the ACCC’s public register here: Minerals Council of Australia.