Export agreements can be automatically exempted from most competition law provisions.
Export agreement exemption is one process for gaining an exemption.
- To qualify for this exemption, businesses must provide the agreement to the ACCC within 14 days of making it.
This type of exemption can't be used for resale price maintenance or secondary boycotts.
- Any parts of an agreement that relate to supply or pricing in the domestic market aren't covered by this exemption.
What the ACCC does
- We can provide a certificate as evidence that details of an export agreement has been provided on a particular date.
What the ACCC can't do
- We don’t give legal advice.
- We don’t assess export agreements or grant exemptions. The exemption is automatic if parties provide particulars of the agreement to the ACCC within 14 days of making it.
- We don’t publish information about export agreements that have been provided to obtain the exemption.
Agreements for the export of goods or services can receive automatic exemption from most competition law provisions.
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:
- resale price maintenance provisions, or
- secondary boycotts, which generally involve 2 people acting together to hinder or prevent a third person from supplying to, or buying goods from, a fourth person.
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.
Send required information to the ACCC.
Mail: General Manager Competition Exemptions Branch
Australian Competition and Consumer Commission
GPO Box 3131 CANBERRA ACT 2601
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.