ACCC consulting on guide to sustainability collaborations
8 July 2024
The ACCC has released a draft guide on sustainability collaborations and Australian competition law to assist businesses in understanding the competition law risks involved in working together for environmental outcomes.
More about the draft guide
The guide outlines how ACCC authorisation can legally protect such collaborations, allowing businesses to pursue their sustainability goals without risking breaches of competition law. ACCC Acting Chair Mick Keogh noted that as Australia moves towards a more sustainable economy, businesses may seek to collaborate, potentially raising competition concerns. However, ACCC authorisation can provide legal exemptions if the public benefits, such as reduced emissions and waste, outweigh any potential negative impacts on competition.
The ACCC can consider a wide range of public benefits in its assessment for authorisation, including environmental protection and sustainability. Keogh emphasised that competition law should not be an obstacle to beneficial sustainability collaborations.
Previous authorisations have supported industry stewardship schemes and joint renewable energy initiatives, demonstrating the ACCC’s commitment to facilitating sustainable business practices.
The ACCC is seeking feedback on the draft guide from businesses and stakeholders, with consultations open until July 26, 2024. The final guide is expected to be published later in the year. This initiative aligns with the ACCC’s broader efforts to address environmental claims and prevent greenwashing.
AFGC Submission
The AFGC will be submitting into the ACCC consultation. Should members wish to provide feedback on this submission, please send this through by 22nd July 2024 to Sarah Collier, Associate Director Sustainability (sarah.collier@afgc.org.au ) or Kristy Barber, Manager – Sustainability (kristy.barber@afgc.org.au )
