About export agreement exemption
Agreements for the export of goods or services can receive automatic exemption from most competition law provisions.
This is one of the processes for gaining an exemption. It removes the risk of legal action for a breach of competition rules in the Competition and Consumer Act 2010.
For the exemption to apply, the export agreement, or the relevant parts of it, must be provided to the ACCC within 14 days of the agreement being made.
Examples of export agreements
- A contract between Australian mining companies which sets out the quantity and price of resources to be sold to an overseas buyer.
- An agreement between fruit growers about how they will market their produce in Europe or the USA.
This type of exemption can't be used for:
What to provide the ACCC
Provide one of the following to the ACCC, within 14 days of making the agreement:
- a full copy of the export agreement with a covering letter summarising the provisions that may breach the Competition and Consumer Act 2010
- a copy of the provisions in the agreement that may breach the Act
- details of the provisions in the agreement that may breach the Act.
Be sure to provide enough detail to show that the agreement relates to the export of goods or services from Australia.
Any provisions of an agreement that relate to supply or pricing in the domestic market won't fall within this exemption.
Submit an export agreement
Send required information to the ACCC.
Mail: General Manager Competition Exemptions Branch
Australian Competition and Consumer Commission
GPO Box 3131 CANBERRA ACT 2601
Confirmation that the agreement was lodged
We can provide a certificate confirming that details of the agreement were lodged with us.
A certificate does not provide the exemption. It can be used to demonstrate to a court that the requirements of section 51(2)(g) were complied with.
If a certificate is required, state this in a covering letter when the agreement is provided to the ACCC.
Export agreements and the Competition and Consumer Act