Date lodged:
30 April 2013
Status:
Completed
Outcome:
Granted with conditions on 6 June 2014
Summary
On 30 April 2013 APRA applied for revocation of authorisations A91187-A91194 and A91211 and their substitution with new authorisation on substantially the same terms for a further six years.
The applications relate to APRA's standard arrangements for the acquisition and licensing of the performing rights in its music repertoire.
On 6 June 2014 the ACCC issued a final determination granting conditional authorisation for a period of five years until 28 June 2019. The conditions of authorisation require APRA to:
-publish, within 3 months of the ACCC's final determination, including as a single document, a comprehensive plain English guide that outlines all of the licence categories individually and includes other specified information (condition C1)
-within 3 months of the ACCC's final determination, take certain steps to increase awareness of the licence back and opt out provisions provided by APRA, including publishing a plain English guide and launching an education campaign (condition C2)
-require APRA to implement a revised ADR scheme (condition C3) to be managed by an independent facilitator. The scheme must offer informal resolution, mediation, expert opinion and binding determination to APRA licensees and members. The ADR scheme must incorporate a consultative committee to provide feedback and other advisory input to APRA and to the facilitator. This condition incorporates the key features of APRA's existing expert determination process and the conditions which were imposed in 2010, including the ADR reporting requirements. APRA must arrange an independent review of the ADR scheme after it has been in operation for three years.
A copy of the ACCC's determination is available by following the links below.
The applications relate to APRA's standard arrangements for the acquisition and licensing of the performing rights in its music repertoire.
On 6 June 2014 the ACCC issued a final determination granting conditional authorisation for a period of five years until 28 June 2019. The conditions of authorisation require APRA to:
-publish, within 3 months of the ACCC's final determination, including as a single document, a comprehensive plain English guide that outlines all of the licence categories individually and includes other specified information (condition C1)
-within 3 months of the ACCC's final determination, take certain steps to increase awareness of the licence back and opt out provisions provided by APRA, including publishing a plain English guide and launching an education campaign (condition C2)
-require APRA to implement a revised ADR scheme (condition C3) to be managed by an independent facilitator. The scheme must offer informal resolution, mediation, expert opinion and binding determination to APRA licensees and members. The ADR scheme must incorporate a consultative committee to provide feedback and other advisory input to APRA and to the facilitator. This condition incorporates the key features of APRA's existing expert determination process and the conditions which were imposed in 2010, including the ADR reporting requirements. APRA must arrange an independent review of the ADR scheme after it has been in operation for three years.
A copy of the ACCC's determination is available by following the links below.
Applicant(s)
- Australasian Performing Right Association Ltd
Authorisation number(s)
- A91367
- A91368
- A91369
- A91370
- A91371
- A91372
- A91373
- A91374
- A91375
Applications
Other
Document title | Date | |
---|---|---|
Report of independent review of APRA ADR Scheme - December 2018 ( PDF 544.91 KB ) | 1 Dec 2018 |
Decisions
Document title | Date | |
---|---|---|
Final Determination ( PDF 798.67 KB ) | 6 Jun 2014 | |
Interim Authorisation Decision ( PDF 75.89 KB ) | 24 Oct 2013 | |
Draft Determination ( PDF 618.49 KB ) | 15 Oct 2013 |
Reporting
Document title | Date | |
---|---|---|
Report under Condition C3 ( PDF 4.99 MB ) | 30 May 2020 |
ACCC correspondence
Submissions - before draft decision
Submissions - after draft decision
Pre-decision conferences
Document title | Date | |
---|---|---|
Pre-decision Conference Certificate ( PDF 25.88 KB ) | 21 Mar 2014 | |
Pre-decision Conference Minutes ( PDF 107.58 KB ) | 21 Mar 2014 | |
Australian Hotels Association Submission at Pre-decision Conference ( PDF 278.23 KB ) | 21 Mar 2014 | |
ACCC to Interested Parties re Pre-decision Conference and Consultation ( PDF 155.89 KB ) | 14 Feb 2014 | |
Pre-decision Conference Minutes ( PDF 131 KB ) | 11 Nov 2013 | |
Certificate of Pre-decision Conference ( PDF 189.32 KB ) | 8 Nov 2013 | |
ACCC to Interested Parties re Pre-decision Conference ( PDF 100.58 KB ) | 22 Oct 2013 | |
ACCC to Applicant re Pre-decision Conference ( PDF 99.05 KB ) | 22 Oct 2013 | |
Australian Hotels Association to ACCC re Request for Pre-decision Conference ( PDF 236.58 KB ) | 21 Oct 2013 | |
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