The Australian Competition and Consumer Commission has granted interim authorisation to Office Choice Limited, Office Brands Limited, Office Products Depot Limited, and the members and franchisees of these companies (collectively Office Choice) to collectively bargain, or appoint intermediaries to collectively bargain on their behalf, with office products suppliers.
“Interim authorisation allows Office Choice’s members and franchises to continue to collectively bargain with office products suppliers,” ACCC Deputy Chair Dr Michael Schaper said.
“The ACCC considers that granting interim authorisation will avoid unnecessary disruption to Office Choice businesses, as well as the suppliers of office products with whom Office Choice contracts.”
Interim authorisation allows Office Choice members and franchises to continue to collectively bargain while the ACCC considers the merits of the substantive application.
Interim authorisation commences immediately, and will remain in place until it is revoked or the date on which the ACCC's final determination on the application comes into effect.
The ACCC may review the decision to grant interim authorisation at any time, including at the draft determination stage, should the ACCC’s assessment indicate that this is appropriate. The granting of interim authorisation in no way binds the ACCC in its consideration of the substantive application for authorisation.
The ACCC will now seek submissions on the application from interested parties before issuing a draft determination.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.