The Australian Competition and Consumer Commission has issued Draft Authorisation Guidelines 2013 for public comment.
“The authorisation process in the Competition and Consumer Act 2010 is utilised by businesses that wish to engage in conduct that risks breaching the competition provisions of the Act but they nevertheless consider there is an offsetting public benefit,” ACCC Commissioner Dr Jill Walker said.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Act.
“The revised authorisation guidelines are designed to be a reliable, clear and comprehensive guide to explain the authorisation process in the Act and the analytical framework applied by the ACCC in assessing applications, including public benefit and detriment,” Dr Walker said.
The last substantial rewrite of the guidelines was in 2007 with minor updates in 2010 and an Addendum in 2011.
"While the authorisation provisions and legislative processes in the Act remain the same, the draft provides updated guidance on the ACCC’s approach based on its recent experience and relevant determinations by the Australian Competition Tribunal," Dr Walker said.
The ACCC invites submissions on the Draft Authorisation Guidelines 2013. The closing date for submissions is Friday 31 May 2013.
Written submissions should be forwarded to adjudication@accc.gov.au. Alternatively submissions may be forwarded by fax to (02) 6243 1212 or by mail to MAG Co-ordination and Strategy Branch, ACCC, GPO Box 3131, Canberra ACT 2601.