National Retail Association Limited on behalf of itself and participating industry organisations

Summary

On 12 May 2020, the National Retail Association Limited, Australian Hotels Association, Franchise Council of Australia Limited, The Pharmacy Guild of Australia, Australian Newsagents’ Federation Limited and Australian Federation of Travel Agents Limited (the Applicants) applied for authorisation on behalf of their current and future members.

The Applicants have applied for authorisation to enable their tenant members who have been adversely affected by the COVID‑19 pandemic to discuss, share information and collectively negotiate with landlords regarding the support to be provided to tenants by landlords (the Proposed Tenant Conduct). The Applicants have also applied for authorisation to enable their landlord members to discuss and share information and make and give effect to agreements as to the nature of the relief to be offered to small and medium-sized enterprise tenants or classes of such tenants by landlords (the Proposed Landlord Conduct).

On 19 May 2020, the ACCC granted urgent interim authorisation for the Proposed Tenant Conduct and the Proposed Landlord 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 19 May 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:

12 May 2020

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

19 May 2020

Interim decision.

25 May 2020

Public consultation process begins.

5 June 2020

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

June 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 Newsagents' Federation Limited
  • National Retail Association Limited
  • Franchise Council of Australia Limited
  • The Pharmacy Guild of Australia
  • Australian Federation of Travel Agents Limited
  • Australian Hotels Association

Authorisation number(s)

  • AA1000512-1