A business planning to engage in conduct that may breach competition law can apply for an exemption.
Authorisation is one process for gaining an exemption.
The ACCC only authorises conduct when it won’t substantially lessen competition or is in the public interest.
Businesses should discuss their plans with us before applying.
Authorisation is a public process involving stakeholder consultation. Businesses can ask to keep some information confidential.
We’re seeking feedback on our draft Sustainability collaborations and Australian competition law guide ( PDF 545.16 KB ) .
We’ve developed the guide for businesses wanting to collaborate on sustainability and environmental initiatives.
It informs businesses about the potential competition risks of working together and their options to address them. This includes seeking an exemption through authorisation.
Please email your feedback on the draft guide to exemptions@accc.gov.au. You can also email us to arrange a time to discuss your feedback. Feedback is due by Friday 26 July 2024.
A business that is planning an arrangement that will or may breach competition rules in the Competition and Consumer Act 2010 requires an exemption.
Authorisation is one process for gaining an exemption. It removes the risk of legal action for the activity.
Businesses are responsible for assessing their own risk and deciding whether to seek an exemption. They may want to get independent legal advice.
Authorisation is the process generally used for activities that will or may break competition law on:
Authorisation is often sought for:
Any of the businesses involved in the planned activity can apply on behalf of all participating businesses.
An industry association can also apply on behalf of members.
Before applying for authorisation, we encourage businesses to contact us for a discussion. We can give guidance on:
Businesses can also give us a draft version of their application for review.
Contact the ACCC on 02 6243 1368 or at exemptions@accc.gov.au.
A valid application must be in the form approved by the ACCC.
The approved form for each application type is set out in the documents:
Application for authorisation (non-merger) form ( PDF 172.33 KB )
Application for revocation and substitution (non-merger) form ( PDF 173.07 KB )
Application for minor variation (non-merger) form ( PDF 207.99 KB )
Application for revocation (non-merger) form ( PDF 205.09 KB )
The application should:
For detailed information about how to apply, read the Guidelines for Authorisation of conduct (non-merger).
Authorisation is a transparent public process. Authorisation documents are published online on the authorisations public register for consultation.
However, businesses can ask to exclude confidential information from the public register. In these cases, they must also provide a public version of the application with enough information to allow us to consult with stakeholders.
For more information, read the Guidelines for excluding confidential information from the public register for authorisation and notification processes.
The application fee is:
If paying the application fee would cause hardship, we may decide to waive all or part of it. Applications for fee waivers can be lodged electronically using the fee waiver application form. The business must apply for a fee waiver before applying for authorisation.
For more information about applying for a fee waiver, read the Guidelines for authorisation of conduct (non-merger).
We prefer payment to be made by electronic funds transfer to:
Account name: ACCC Administered receipts account
Bank: Westpac Banking Corporation
BSB: 032-730
Account number: 146550
Payment narrative: <name of company> <form name>
Payment can also be made:
Applications can be lodged electronically through the Authorisations and notifications web form.
The submission must include:
Applications can also be submitted by post or in person at an ACCC office.
At our discretion, we may accept minor changes to an application after it’s submitted.
Applications can be withdrawn at any time before our final determination by telling us in writing.
Once we have received an application and made sure that it's valid, we start our assessment. This assessment process includes consultation with stakeholders.
There are different criteria for granting authorisation depending on whether the planned activity involves any potential per se breaches of the Competition and Consumer Act 2010 – that is, behaviour that is prohibited outright, regardless of its effect on competition.
We will only authorise activities that may involve a per se breach if the likely public benefit outweighs the likely public harm.
The Act prohibits a range of other activities, but only if they substantially lessen competition. For activities such as these, where there are no potential per se breaches, we will grant authorisation if either:
After assessing the application and usually after consulting with stakeholders, we will make a draft determination stating:
We invite written submissions on the draft determination from applicants and other stakeholders.
Applicants and interested parties can also request a pre-decision conference where all parties can put their views directly to an ACCC Commissioner.
After consulting on our draft determination, we will make a final determination.
The final determination will state whether authorisation is granted and if so, the date on which legal protection starts and ends.
We must make a final determination on new applications for authorisation within six months. This can be extended for a further six months, provided we have made a draft determination and the applicant agrees to the extension.
We publish a media update or media release when the ACCC makes a decision on key authorisations.
Applications for authorisation submitted to the ACCC are listed on the authorisations register.
Each entry includes the public version of the application, public submissions by the applicant and interested parties, status and outcome.
If authorisation is granted, legal protection for the conduct begins when the final determination comes into effect.
This is usually 21 days after the date of the final determination, unless an application for review of the determination is made to the Australia Competition Tribunal in that time.