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.
|ACCC to Interested Parties re Draft Determination and Interim Authorisation Decision ( PDF 220.84 KB )||2 Jul 2020|
|ACCC to Interested parties re Consultation Process ( PDF 296.77 KB )||6 May 2020|
|ACCC to Applicant re Reporting Conditions of Authorisation ( PDF 206.17 KB )||19 Nov 2020|
|ACCC to Interested Parties re Final Determination ( PDF 210.14 KB )||6 Aug 2020|
Submissions - before draft decision
|Forty Winks Tuggerah ( PDF 791.44 KB )||24 Apr 2020|
|Forty Winks West Gosford ( PDF 751.44 KB )||24 Apr 2020|
|Forty Winks Erina ( PDF 772.89 KB )||24 Apr 2020|
|Forty Winks Kotara ( PDF 758.93 KB )||24 Apr 2020|
|Forty Winks Bennetts Green ( PDF 733.32 KB )||24 Apr 2020|
|An Interested Party ( PDF 381.22 KB )||21 Apr 2020|
|Shopping Centre Council of Australia ( PDF 371.6 KB )||21 Apr 2020|
|Forty Winks Geraldton ( PDF 574.51 KB )||23 Apr 2020|
|Proud Food Retailer (public) ( PDF 124.45 KB )||22 Apr 2020|
|Forty Winks Logan Ipswich Jindalee ( PDF 907.13 KB )||22 Apr 2020|
|Show all documents (7 more)|