These Guidelines set out the approach that the ACCC currently proposes to take following the repeal of the intellectual property-related exemption in subsection 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA). They include the general principles that will guide the ACCC’s approach to enforcement of the cartel prohibitions and sections 45 and 47 of the CCA to conduct that was previously exempt under subsection 51(3) of the CCA.  The Guidelines also provide examples to illustrate conduct that the ACCC considers is now likely or unlikely to contravene those provisions.

Subsection 51(3) of the CCA was repealed with effect from 13 September 2019. The repeal was recommended by the Harper Review and the Productivity Commission in its inquiry into Intellectual Property Arrangements. From 13 September 2019, Part IV of the CCA will apply to intellectual property-related conduct in the same way as other types of conduct.