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Authorisation and Notification


About Authorisation and Notification

Authorisation imageAuthorisation 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)

Note: On 6 May 2013 the ACCC issued Draft Authorisation Guidelines for comment. Submissions closed on 31 May 2013. New guidelines were published in July 2013 (Authorisation guidelines)


The law relating to authorisation/notification (CCA)


Select decisions



Re Medicines Australia Inc [2007] ACompT 4 (27 June 2007)
Imposition of conditions for authorisation. Discretion of ACCC.

External link imageQantas Airways [2004] ACompT 9

Re Queensland Independent Wholesalers Limited (1995) 132 ALR 225; (1995) ATPR 41-439
Merger authorisation case

Re Queensland Co-Op Milling Association Limited and Defiance Holdings Limited (QCMA) (1976) 8 ALR 481; (1976) ATPR 40–012
Merger authorisation case


External link imageMyer Pty Ltd - Revocation & Substitution - A91091 (2008)
"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."


External link imageApplication by Co-operative Bulk Handling Limited (No 3) [2013] ACompT 3
Appeal against revocation of exclusive dealing notification - public benefit v SLC


Articles relating to authorisation/notification


Reports relating to authorisation/notification

Dawson Report 2003 (Chapter 6 Authorisation)


Guidelines relating to authorisation/notification


Useful links