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.

On 6 August 2020, the ACCC issued a determination granting conditional authorisation to the ARA to give effect to the Proposed Conduct. Authorisation has been granted until 1 September 2021. The final determination document can be found below.

Applicant(s)

  • Australian Retailers Association

Authorisation number(s)

  • AA1000501-1