ACCC proposes to grant authorisation to Jewellers Association to establish a retail tenancies database

25 September 2014

The Australian Competition and Consumer Commission has issued a draft determination proposing to grant authorisation to the Jewellers Association of Australia (JAA) and its current and future members to establish a retail tenancy database.

Authorisation is proposed to be granted for a period of five years.

“The database will provide de-identified information about the terms and conditions of retail leases entered into by members of the JAA.  Members can choose to use this information in assessing their current and future lease arrangements,” ACCC Deputy Chair Dr Michael Schaper said.

“Increased access to such information can improve a tenant’s input into contractual negotiations, so that the outcomes of negotiations between landlord and tenant better reflect the commercial interests of tenants.”

The Productivity Commission has previously recognised that some information asymmetries exist in the market for retail tenancies.

“Industry associations regularly provide tailored information resources to their members, and the JAA’s proposal seeks to improve the amount of information available to its members,” Dr Schaper said.

The JAA is a national not-for-profit organisation. Membership is voluntary, and members include organisations from the manufacturing, wholesaling, distribution and retail sectors of the jewellery industry. The JAA estimates that its membership includes more than 75 per cent of the jewellery industry.

Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act (2010). Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.

Further information is available on the public register.

Release number: 
MR 236/14
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