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 GAA – “Notification of private disclosure of pricing information” 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 the particulars of proposed conduct of a kind referred to in section 44ZZW of that Act in which the person giving notice proposes to engage.
To the extent that notified conduct is capable of also being caught by section 44ZZX of the Act, a valid notice will also provide immunity from section 44ZZX of that Act for the notified conduct.
This guidance note provides some tips and assistance in completing Form GAA.
This Form should be used if the applicant wants to notify ACCC of the conduct listed in section 44ZZW (Corporation must not make private disclosure of pricing information etc. to competitors) 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 recipients likely to be affected must also be provided.
Please review directions at the end of Form GAA.