Authorisation and Notification

 

About Authorisation and Notification

Authorisation is available for all forms of conduct prohibited by Part IV of the CCA, save for misuse of market power. Authorisation is granted either where public benefit can be demonstrated to outweigh any anti-competitive detriment or where the public benefit is such that the conduct should be permitted (although different tests apply to different conduct, in practice they seem to apply in the same way).

Notification is available for small business collective bargaining and for exclusive dealing.

See ACCC Video regarding collective bargaining (29 June 2009)

 

The law relating to authorisation/notification (CCA)

For merger authorisations see the merger page.

Part VII - Authorisations, notifications and clearances in respect of restrictive trade practices

Division 1 - Authorisations (other than section 50 merger authorisations)

Division 2 - Notification

Sub-Division A - Exclusive dealing

Sub-Division B - Collective bargaining

Sub-Division C - Conferences

Sub-Division D - Register of notifications

 

Select authorisation decisions

Authorisations

Myer Pty Ltd - Revocation & Substitution - A91091
"Myer sought ... authorisation to allow Myer to be able to continue to invite concession businesses operating within Myer Stores to participate in storewide and category wide discount promotions, bonus MYER one points offers, Myer Card and Myer Visa Card promotions, a Discount Price Matching Policy and other agreed bonuses."

Notification

 

Articles relating to authorisation/notification

See reading room.

 

Reports relating to authorisation/notification

Dawson Report 2003 (Chapter 6 Authorisation)

 

Guidelines relating to authorisation/notification

See ACCC authorisation guidelines

See ACCC notification guidelines

 

Useful links

Forthcoming