What the ACCC does
- We assess and grant exemptions.
- We also approve certification trade marks.
- We give businesses information about exemptions and guidance on exemptions processes.
What the ACCC can't do
- We don’t give legal advice.
On this page
Purpose of exemptions
Australian competition law recognises that, in some circumstances, activities that might otherwise be anti-competitive:
- do not actually harm competition, or
- have a net public benefit.
Exemptions makes it possible for such activities to go ahead.
A business that is planning an activity that will or may break certain parts of competition law can seek an exemption. This gives the business protection from legal action for the activity.
The ACCC only exempts activities that have a net public benefit or won’t substantially lessen competition. Which of these tests the ACCC applies depends on which provisions of the Competition and Consumer Act 2010 the conduct is seeking exemption from.
The different exemption processes
There are different exemption processes for different conduct and arrangements.
Authorisation process
Authorisation is the process generally used for activities that will or may break competition law on:
- agreements between competitors
- concerted practices
- cartel conduct
- misuse of market power.
Authorisation is typically sought for:
- industry codes
- industry levies
- collaboration between competitors
- coordination of a logistics chain
- some collective bargaining, where this is not covered by the small business collective bargaining class exemption and where notification isn't suitable.
Notification process
Notification is typically used for:
Class exemption
The ACCC can make a class exemption to cover all instances of a given activity.
Businesses planning activity that is covered by a class exemption can proceed without seeking authorisation or lodging a notification.
There is an active class exemption for small business collective bargaining. Groups can self-assess whether their planned activities fit within the class exemption and, if so, submit a one-page notice form.
Export agreement notification
Export agreements can be exempt from most competition law provisions.
Businesses must notify the ACCC within 14 days of making the agreement.
Certification trade marks
Certification trade marks show consumers that a product or service meets a particular standard.
Certification trade marks need to be approved by the ACCC. We consider whether competition concerns may arise from the certification trade mark rules.