An unsustainable approach? Overcoming competition law obstacles to sustainability collaboration

Not enough is being done to facilitate benign collaboration on sustainability practices¹ between entities that are or may be considered competitive with one another in markets in Australia.

Collaboration between actual or potential competitors may raise concerns under the Competition and Consumer Act 2010 (Cth) (CCA). However, there are many types of collaboration that are unlikely materially to affect competition and several mechanisms by which the Australian Competition and Consumer Commission (ACCC) can immunise conduct from regulatory or third-party action (including on public benefit grounds).

To date, Australian regulators have provided insufficient information about permissible collaboration to further sustainability objectives. Providing detailed and focused formal and informal guidance, streamlining authorisation mechanisms for sustainable development, and implementing a sustainability class exemption would provide much-needed clarity and certainty