Guidance and Exemption Applications

We may authorise an anti-competitive arrangement if its benefits to consumers outweigh the harm to competition. An exemption may be granted if the arrangement:

• Improves the production or distribution of goods or services, or promotes technical or economic progress
• Ensures consumers receive a fair share of the benefits
• Imposes no unnecessary restrictions on the businesses involved
• Does not eliminate competition for a substantial part of the goods or services in question

It is the responsibility of the businesses involved to demonstrate that these conditions are met. Where these criteria are satisfied, the benefits of the arrangement are considered to outweigh any negative impact on competition.

Our Guideline 6 - Applications for Guidance and Exemptions explains the steps to follow when submitting an application.

Before you apply for an exemption, you may request a meeting with us to discuss the process and how the Competition Law may apply to your situation.

However, we can only provide guidance and cannot provide legal advice on whether you should submit an application.

When making an application, remember:

• You must clearly demonstrate how the benefits outweigh the impact on competition.
• Ensure all information submitted is accurate and complete. False or incomplete information may invalidate any decision we make.
• Applications must be made in writing and signed by an authorised representative.
• We may request additional information or schedule meetings to clarify details in your application.