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 G – “Notification of exclusive dealing” is a form produced by ACCC pursuant to subsection 93(1) of the Competition and Consumer Act 2010 (Cth) (Act) in order for an applicant to notify ACCC of conduct otherwise prohibited by the Act, where a valid notice will provide immunity under the Act for the notified conduct.
This guidance note provides some tips and assistance in completing Form G.
This Form should be used if the applicant wants to notify ACCC of the conduct listed sections 47 (2)-(9) (exclusive dealing) of the Act.
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.
This is a notification only, not seeking any authorisation from ACCC. It must contain a description of goods or services in relation to the supply or acquisition of which the notice relates as well as detailed description of conduct or proposed conduct. Any written materials available, a list of public benefits, market likely to be affected and any detriments to the public must also be disclosed. List of persons likely to be affected must also be provided.
Please review directions at the end of Form G.