ACCC Form DA - Boycott Agreements

ACCC Form DA - Boycott Agreements

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This guidance has been authored by Jane Garber-Rosenzweig, Principal, Gable Lawyers.

This form is part of a suite of commercial transaction documents prepared with the assistance of Specialist Editor Murray Landis, Partner, K&L Gates.

Introductory note

Form DA – “Boycott arrangements” is a form produced by ACCC pursuant to subsection 88(7A) of the Competition and Consumer Act 2010 (Cth) (Act) in order for an applicant to apply for authorization of conduct otherwise prohibited by the Act.

This guidance note provides some tips and assistance in completing Form DA.

This Form should be used if the applicant wants to engage in conduct to which sections 45E (Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services) or 45EA (Provisions contravening section 45E not to be given effect) would or might apply.

Any supporting documents must be included with the Form upon lodgement with ACCC.

On the front page, please read 2 statements listed and strike out the statement which is not applicable. Item 1(a) must contain the applicant, therefore, if the applicant is a corporation, the details of the corporation must be included in this item.

Full details of the proposed conduct in relation to which the authorisation is sought must be provided, together with any written materials available, a list of public benefits, market likely to be affected and any detriment to the public.

Please review directions at the end of Form DA.