The ACCC has not objected to the notification lodged by Capital Brewing Co Pty Ltd (Capital Brewing) and Bentspoke Brewing Company Pty Ltd (Bentspoke) on 5 August 2021 to jointly bid for, and collectively negotiate, agreements with Hospitality Management Australia Pty Ltd relating to the supply of beer and cider at GIO Stadium Canberra.
By lodging a notification with the ACCC, Capital Brewing and Bentspoke gain legal protection to participate in collective bargaining that may otherwise breach competition laws because it involves joint action by competitors.
The ACCC considers collective bargaining is likely to result in public benefits in the form of improved competition for the right to supply beer and cider to GIO Stadium Canberra, as absent the collective bid neither Capital Brewing nor Bentspoke could bid independently because they don’t have the product range or budget required. The ACCC considers that the collective negotiation will result in little public detriment.
The ACCC has decided to allow the immunity provided by the notification to remain in force for five years from the date that initial protection came into force.
The notification came into force on 19 August 2021 and will remain in force until 19 August 2026 unless it is withdrawn or revoked.
Copies of the notification and our Statement of Reasons are available on our public register