The ACCC has issued a draft determination proposing to grant authorisation for 10 years to Clubs Australia to collectively bargain on behalf of its current and future members, being registered clubs across Australia, with various suppliers from industries including wagering services, gaming machines, food and beverage, and professional services. Negotiations would be on price and non-price terms, including data-related terms for suppliers that can access the personal or purchasing information of club patrons. For example, Clubs Australia intends to negotiate to remove terms under which a club assigns, or otherwise transfers ownership of, patron information to a supplier.
The ACCC considers the proposed arrangements are likely to result in transaction cost savings, improved input into contracts, and improved privacy protections for club patrons. The ACCC considers minimal detriments are likely to arise given the arrangements are voluntary for all parties and the operation of the negotiations in practice will limit any potential detriment.
The ACCC granted a similar (although slightly narrower) authorisation to Clubs Australia in 2014, which expired in March 2019. The ACCC has today decided to grant interim authorisation to enable Clubs Australia to collectively negotiate on behalf of its member clubs on the same terms and with the same suppliers as it was previously authorised for under the recently-expired 2014 authorisation.
The ACCC invites submissions in relation to this draft determination by 28 August 2019 before making its final decision, which is expected to be in September/October 2019. Further information about the ACCC’s draft determination and Clubs Australia’s application for re-authorisation is available on the public registers at: Clubs Australia.