Exemptions

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

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.

Gas price cap exemption

The Competition and Consumer (Gas Market Emergency Price) Order 2022 is an emergency measure that applies a temporary price cap on the supply of regulated gas.