Exemptions

Businesses that wish to engage in certain conduct or anti-competitive arrangements can seek an exemption from the ACCC.  Exemptions, or statutory protection against legal action, may be granted for conduct that might breach the competition provisions of the Competition and Consumer Act.

Authorisation

Where businesses are concerned that their proposed conduct may give rise to a breach of the competition provisions of the Act, they can seek authorisation from the ACCC. If the ACCC is satisfied that the relevant legal test is met and grants authorisation, this removes the risk of legal action under the competition provisions.

Applying for authorisation

Authorisation is a public process which commences once a valid application is lodged. The ACCC must issue a final determination in writing either granting or dismissing an application for authorisation (of non-merger conduct) within six months of receiving a valid application, unless extended.

Notification

Notification is an alternative process to authorisation that is available where parties propose to engage in small business collective bargaining, exclusive dealing or resale price maintenance.

Fees & forms

Your application for authorisation or notification should be in a form approved by the ACCC and accompanied by the relevant fee unless a waiver is in place.

Class exemptions

From 6 November 2017, the ACCC is able to make class exemptions for specific types of business conduct. This is when we are satisfied that all the circumstances are unlikely to substantially lessen competition or are likely to result in a net public benefit.

Export agreements

Statutory exemption for certain prohibitions is available under the Competition and Consumer Act for export agreements if specific notification requirements are met.

Certification trade marks

Under the Trade Marks Act 1995, the ACCC has responsibilities in relation to the approval of Certification Trade Marks.

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