Authorisation and Notifications

The majority of the Adjudication branch’s work relates to authorisations and notifications. The authorisation and notification processes allow business to seek legal protection for arrangements or conduct that are in the public interest but which may otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010 (CCA).

The Adjudication Branch deals with:

  • applications for authorisation
  • notifications of exclusive dealing and collective bargaining conduct
  • export agreements under s51(2)(g) of the CCA
  • the rules for the use of certification trade marks under the Trade Marks Act.

Operational Information

The following operational information contains further detail on the work of the Adjudication Branch.

Guide to Authorisation

These guidelines reflect the proposed approach of the ACCC to assessing applications for non-merger authorisation following changes to the authorisation test which came into effect on 6 November 2017. This guide helps businesses and their advisors to lodge applications for authorisation, and interested parties to provide submissions.

Guidelines for Authorisation of conduct (non-merger)

Guide to Exclusive Dealing Notifications

From 6 November 2017, changes to the Act mean that all types of exclusive dealing is only a breach of the Act if the restriction is likely to have the purpose, effect or likely effect of substantially lessening competition. This Guide provides information about exclusive dealing notifications.

Exclusive dealing notification guidelines

Small Business Collective Bargaining

This guide provides information on the collective bargaining approval process. The guidelines are for small businesses, including farmers, to assist their understanding of the authorisation and notification processes for obtaining ACCC approval for collective bargaining and boycotts.

Small business collective bargaining

Certification Trade Marks - the Role of the ACCC

The Certification Trade Mark process is primarily managed by IP Australia. This publication describes the role and processes of the ACCC in assessing the rules that accompany a CTM, having regard to any competition, unconscionable conduct and consumer protection concerns.
Certification Trade Marks - the Role of the ACCC

Export Agreements and the Competition and Consumer Act

This guide seeks to assist businesses that are considering obtaining an exemption from the Act for certain export arrangements under Section 51(2)(g) by explaining the ACCC’s role and processes.
Export Agreements and the Competition and Consumer Act

Small Business Collective Bargaining Notifications & the Competition and Consumer Act

From 6 November 2017, changes to the Act will make it easier for small businesses to lodge a notification to obtain legal protection from competition laws to collectively bargain with a customer or supplier. This Guide provides information about the changes to the small business notification process.

Small business collective bargaining notifications & the Competition and Consumer Act

Resale Price Maintenance Notification Guidelines

Changes to the Act from 6 November 2017 mean that it is now possible to obtain protection from legal action for Resale Price Maintenance (RPM) conduct by lodging a notification. Prior to this date, ACCC authorisation was the only way to obtain legal protection for RPM conduct. Authorisation will continue to be available, so now businesses proposing to engage in RPM have a choice of lodging a notification or seeking authorisation. This Guide provides information about RPM notifications.

Resale price maintenance notification guidelines

Documents

This document sets out the Adjudication Branch’s practice in relation to the computation of time under the Competition and Consumer Act 2010 (the Act) and the Competition and Consumer Regulations 2010 (the Regulations).

Expiration Date: 9 May 2019

This document contains the procedures for a Pre-Decision Conference for Authorisation and Notifications.

Expiration Date: 9 May 2019