The Australian Competition and Consumer Commission
(ACCC) has granted a number of interim
authorisations to organisations in particular industries, which
allow them to cooperate during the coronavirus pandemic.
Ordinarily, competitors cooperating to make decisions is illegal
and the antithesis of competition. Authorisations provide statutory
permission for organisations to engage in conduct that would
ordinarily breach the Competition and Consumer Act 2010
without risking prosecution or private action. They are granted
where the potential public benefits of competitors' cooperation
outweigh concerns about any public detriment.
Usually, the ACCC makes determinations on whether to allow
authorisations within six months of receiving a valid application,
and undertakes a public consultation process before making the
decision. However, applicants can also request an interim
authorisation, which the ACCC will aim to make a determination on
within 28 days of the request.
