Exemptions

  • A business that is planning activity that will or may breach competition law can seek an exemption.
  • An exemption gives a business protection from legal action over the conduct.
  • Exemptions are only given for conduct that doesn't substantially lessen competition or that has a net public benefit.
  • There are different exemption processes for different activities.

About exemptions

A business that is planning an activity that will or may breach competition law can seek an exemption. This gives the business protection from legal action over the conduct.

Authorisation

Authorisation is one type of exemption. The ACCC only authorises conduct that won’t substantially lessen competition or is in the public interest.

Notification

Notification is a faster and simpler way of gaining an exemption. It removes the risk of legal action for some arrangements that risk breaking competition law.

Class exemption

The ACCC can create a class exemption that covers a certain type of business conduct. Using a class exemption is an alternative to applying for authorisation or lodging a notification.

Export agreement exemption

Export agreements can be automatically exempted from most competition law provisions. There are requirements to qualify for this exemption.

Certification trade marks

The ACCC approves new certification trade marks, which are special logos that show consumers that a product or service meets a particular standard.