The Australian Competition and Consumer Commission (ACCC) has published a draft guide to assist businesses collaborating to achieve positive environmental outcomes to consider and understand potential competition law risks.

The purpose of the guide is to assist businesses to understand:
(a) when collaboration between businesses is likely to breach Australian competition law and when it is unlikely to do so, and
(b) whether the businesses may have the option to seek an exemption from Australian competition law, through ACCC ‘authorisation’, when there is a risk of breaching the Competition and Consumer Act (2010) (Cth).

The ACCC uses the term “sustainability collaboration” to refer to discussions, agreements or other practices amongst businesses which are aimed at preventing, reducing or mitigating the adverse impact that economic activities have on the environment.

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