ACCC releases final guide on sustainability collaborations
19 December 2024
The Australian Competition and Consumer Commission (ACCC) has released new guidance to help businesses navigate sustainability collaborations under competition law. The AFGC submitted into the ACCC consultation process earlier this year to provide members’ input into the draft guidance.
The ACCC guidance addresses industry-specific concerns, providing businesses with the confidence to pursue impactful sustainability initiatives. The release is part of broader efforts to foster sustainable practices in a competitive and fair marketplace.
The AFGC welcomes this guidance as we move to collaborate across value chains for sustainability reporting requirements and to support a circular economy in Australia.
Below is an overview of the guidance, together with links to tools and resources:
Purpose
The guidance clarifies how businesses can work together to achieve sustainability goals, such as reducing emissions, improving biodiversity, and addressing modern slavery, without contravening competition law.
Collaboration Opportunities
Businesses can share public information, conduct joint research, or collaborate on supply chain initiatives to achieve sustainability objectives.
Prohibited activities include price-fixing, market sharing, or bid rigging.
Exemption Pathways
Authorisation: Suitable for complex collaborations with significant public benefits.
Notification: A faster process for activities like collective bargaining.
Class Exemption: Simplified option for small businesses to negotiate collectively.
Quick Guide: Practical examples of lawful collaborations.
5-Step Checklist: A tool to assess competition risks in proposed collaborations.
The AFGC encourages members to review the materials and consult the ACCC for exemption processes or to address any uncertainties.
Contact
If you have any questions or wish to discuss the guide, please reach out to Sarah Collier, A/Director Sustainability (sarah.collier@afgc.org.au) or Kristy Barber, Manager Sustainability (kristy.barber@afgc.org.au).
We wish members a safe and happy holiday season ahead and look forward to working with you more in 2025.
