Australian Retailers Association

Summary

On 17 April 2020, the Australian Retailers Association (ARA) applied for authorisation on behalf of itself and its current and future members to collectively negotiate with landlords regarding the support to be provided to retail tenants who are adversely impacted by COVID-19, including in relation to the appropriate information to be exchanged with landlords for that purpose (the Proposed Conduct). The ARA seeks authorisation for 12 months from the date of the ACCC’s final determination.

The ARA also requested interim authorisation on an urgent basis to enable collective negotiations with landlords, and information sharing regarding the terms of support to be provided to tenants.

On 22 April 2020, the ACCC granted urgent interim authorisation for the Proposed Conduct.

On 2 July, the ACCC issued a draft determination proposing to grant authorisation until 1 September 2021, subject to record keeping and reporting conditions. The draft determination also replaces the interim authorisation granted on 22 April 2020 with a new interim authorisation. The full draft determination document is linked below.

The ACCC is now seeking submissions on the draft determination and the conduct proposed to be authorised. Details on how to make a submission to the ACCC can be found in the correspondence below.

If you intend to provide a submission please do so by Friday 17 July 2020. Submissions should be emailed to adjudication@accc.gov.au. In addition, should you wish to make a submission beyond 17 July 2020 in relation to your experience with the impact of the conduct, please contact the ACCC at adjudication@accc.gov.au.

Further information on proposed authorised conduct and conduct not authorised by the draft determination is available in the documents below. 

An indicative timetable is set out below for your information:

17 April 2020

Lodgement of application and supporting submission, including request for interim authorisation.

22 April 2020

Interim decision.

6 May 2020

Public consultation process begins.

3 June 2020

Closing date for submissions on the substantive application for authorisation from interested parties.

July 2020

Applicant responds to issues raised in the public consultation process.

2 July 2020

Draft determination.

July/August 2020

Public consultation on draft determination including any conference if called.

September 2020

Final determination.

Applicant(s)

  • Australian Retailers Association

Authorisation number(s)

  • AA1000501-1