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COVID-19 (Australia): Guide to ACCC Approvals on Industry Collaboration

Date: 20 May 2020
Australia Antitrust, Competition & Trade Regulation Alert
By: Ayman Guirguis, David Howarth, Mei Gong, Harriet Alexander

*This information is accurate as of Wednesday 20 May and is subject to change as this situation evolves.

Welcome to our guide on industry collaboration approved by the Australian Competition and Consumer Commission (ACCC) due to COVID-19. Additional information is provided in our previous article here, or contact us directly with your query.

In Brief

  • Industry collaborations are per se illegal under Australian Competition Law. However, businesses can seek to self-assess legal risks under the ‘joint venture’ exception to cartel conduct or seek to have the conduct approved/”authorised” by the ACCC.
  • The ACCC has authorised 27 interim authorisations to date across different sectors.
  • This article provides a comprehensive overview of the scope of the collaborative conduct approved and conditions imposed.
  • Our Australian Competition and Consumer Law team is ready to assist businesses at short notice to either join an existing ACCC approved authorisation, make a submission about an application, or if you consider that you need to collaborate with competitors due to the difficulties COVID-19 has created, to assist with preparing an application for authorisation.

To view this guide as a PDF, click here.

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.

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