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 GA – “Notification of collection bargaining” is a form produced by ACCC pursuant to subsection 93 AB 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 GA.
This Form should be used if the applicant wants to notify ACCC of the conduct listed section 44ZZRD (cartel provisions) or section 45 (Contracts, arrangements or understandings that restrict dealings or affect competition) 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. Full details of the target in the collective bargaining arrangement must be disclosed. Each negotiated contract with the target must be under $3 million value for each participant in any 12 months period. Any written materials available, a list of public benefits, market likely to be affected and any detriments to the public must also be disclosed.
Please review directions at the end of Form GA.