Competition & Trade Practices
11. Applying for Exemptions
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 11 Jul 2015
- There are some situations in which you can make an application to the Australian Competition and Consumer Commission (ACCC) for an exemption against prosecution for certain types of anti-competitive conduct. The ACCC is also able to authorise certain anti-competitive arrangements or conduct where the public benefit outweighs the public detriment including any loss of competition.
- You can make an application for authorisation if you feel there is a risk that your proposed arrangements or conduct will breach the Competition and Consumer Act 2010 (Cth). A lawyer can help you with this application. You can look for a lawyer near you in our free Find a Lawyer directory.
- A public consultation process is undertaken by the ACCC in order to determine the public benefits and detriments that are likely to result from the arrangements or conduct.
- In limited situations a 'notification' which is an alternative to authorisation can be submitted to the ACCC. A notification informs the ACCC of the anti-competitive conduct you are proposing to engage in. A notification can only be lodged for exclusive dealing and small business collective bargaining.
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