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.
Form E – “Exclusive dealing” is a form produced by ACCC pursuant to subsection 88(8) 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 E.
This Form should be used if the applicant wants to engage in conduct that constitutes or may constitute the practice of exclusive dealing.
Any supporting documents must be included with the Form upon lodgement with ACCC.
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 detriments to the public.
Please review directions at the end of Form E.