In circumstances where competitive markets do not work to deliver the most efficient outcomes it may be in the public interest to allow certain restrictions on competition. This is particularly true where there are features in a market that may lead to market failure – where the market left to itself does not achieve the most optimal outcomes. In many ways the authorisation and notification provisions of the CCA allow the ACCC to consider the benefits from allowing conduct that addresses a market failure but which nonetheless restricts competition. Authorisations The ACCC may ‘authorise’ businesses to engage in conduct that might otherwise amount to a breach of the CCA where it is satisfied that the public benefit outweighs any public detriment. In assessing the likely public benefits and detriments of an authorisation application the ACCC undertakes a transparent public consultation process, placing submissions on a public register subject to any claims of confidentiality. considering submissions, the ACCC will issue a draft decision and provide an opportunity for interested parties to request a conference to discuss the proposal. The ACCC will then reconsider the application in light of any further submissions and release a final decision. Table 2: Authorisations received and decisions issued Total authorisations received Number of applications (number of forms1) 1 April - 30 June 2015 2014 - 20152 New 5 (8) 20 (36) Revocation 0 (0) 1 (2) Revocation and substitution 4 (7) 13 (29) variations 1 (1) 1 (1) Decisions issued Number of applications (number of forms1) 1 April - 30 June 2015 2014 - 20152 Draft determinations 5 (8) 30 (62) Final determinations 4 (10) 33 (62) Interim decisions (prior to draft) 4 (8) 11 (31) 1. The Competition & Consumer Act Regulations require applicants to submit specific separate forms for different types of conduct. 2. The full year totals include statistical corrections arising from year- end reconciliation processes. Significant authorisations Authorisation
Cartel Air New Zealand Ltd commenced jurisdiction 12 May 2010 Federal Sydney awaiting judgment Cartel Australian Egg Corporation Limited & Ors commenced jurisdiction 26 May 2014 Federal Court Adelaide awaiting judgment Misuse of market power Australia and New Zealand Banking Group Ltd (appeal) commenced jurisdiction 9 December 2013 Federal Court Brisbane awaiting judgment Cascade Coal Pty Ltd & Ors Cartels commenced jurisdiction 25 May 2015 Federal Court Sydney Cartels Cement Australia Pty Ltd & Ors commenced jurisdiction 12 September 2008 Federal Brisbane awaiting hearing on penalties Cartels Colgate-Palmolive Pty Ltd & Ors commenced jurisdiction 12 December 2013 Federal Court Sydney Secondary boycotts Construction Forestry Mining and Energy Union (CFMEU) commenced jurisdiction 20 November 2014 Federal Court Melbourne Cartels Flight Centre Ltd (appeal) commenced jurisdiction 17 April 2014 Federal Court Brisbane Highly concentrated sectors Informed Sources (Australia) Pty Ltd & Ors commenced jurisdiction 19 August 2014 Federal Court Melbourne
Exclusionary conduct Little Company of Mary Health Care Ltd commenced jurisdiction 10 December 2014 Federal Court Sydney Cartels OLEX Australia Pty Limited & Ors commenced jurisdiction 4 December 2014 Federal Court Melbourne Cartel Omniblend Australia Pty Ltd commenced jurisdiction 14 August 2014 Federal Melbourne Misuse of market power and exclusive dealing Pfizer Australia Pty Ltd (appeal) commenced Appeal 18 March 2015 in relation to judgment handed down on 26 February 2015 jurisdiction Federal Court Sydney Cartels Prysmian Cavi e Sistemi commenced jurisdiction 23 September 2009 Federal Court Adelaide continues following settlement with some of the parties Cartels P.T. Garuda Indonesia Ltd commenced jurisdiction 2 September 2009 Federal Court Sydney awaiting judgment Misuse of market power Visa (Inc) & Ors commenced jurisdiction 4 February 2013 Federal Court Sydney Cartels Yazaki Corporation & Australian Arrow Pty Ltd commenced jurisdiction 13 December 2012 Federal Sydney Consumer protection Indigenous consumer protection / unsolicited consumer agreements Pty Ltd commenced jurisdiction 20 June 2014 Federal Darwin
False or misleading representations commenced jurisdiction 13 August 2014 Federal Court Melbourne False or misleading representations Homeopathy Plus! Australia Pty Ltd & Ors commenced jurisdiction 19 February 2013 Federal Court Sydney Drip pricing Jetstar Airways Pty Ltd commenced jurisdiction 19 June 2014 Federal Court Sydney Vulnerable and disadvantaged consumers Lux Distributors Pty Ltd (appeal) commenced jurisdiction 10 May 2012 Full Federal Court Melbourne Pyramid selling Lyoness Australia Pty Ltd & Ors commenced jurisdiction 28 August 2014 Federal Court Sydney Product safety Online Dealz Pty Ltd & Anor commenced jurisdiction 30 March 2015 Federal Court Sydney False or misleading representations Reckitt Benckiser (Australia) Pty Ltd commenced jurisdiction 4 March 2015 Federal Sydney Credence claims RL Adams Pty Ltd (trading as Darling Downs Fresh Eggs) commenced jurisdiction 9 December 2014 Federal Brisbane Small business Safety Compliance Pty Ltd & Ors commenced jurisdiction 16 April 2012 Federal Court Sydney Scam Sensaslim Australia Pty Ltd & Ors commenced jurisdiction 15 July 2011 Federal Court Sydney Credence claims Snowdale Holdings Pty Ltd
commenced jurisdiction 9 December 2013 Federal Court Perth Consumer guarantees Valve Corporation Pty Ltd commenced jurisdiction 28 August 2014 Federal Sydney Drip pricing Virgin Australia Airlines Pty Ltd commenced jurisdiction 19 June 2014 Federal Court Sydney False or misleading representations We Buy Houses Pty Ltd and Rick commenced jurisdiction 2 March 2015 Federal Court Sydney Product safety Woolworths Ltd commenced jurisdiction 17 September 2014 Federal Sydney Other Non-compliance with statutory notice Michael Anthony Boyle commenced jurisdiction 16 September 2014 Federal Court Brisbane Non-compliance with statutory notice Robert Paul Davies commenced jurisdiction 2 October 2014 Federal Brisbane Litigation concluded Consumer Protection Carbon price representations Actrol Parts Pty Ltd commenced concluded jurisdiction outcome 30 April 2014 2 2015 Federal Court Adelaide Penalty totalling $520 000, corrective notice, compliance program, injunction and costs False or misleading representations AGL South Australia Pty Ltd commenced concluded 5 December 2013 29 2015