The Australian Competition and Consumer Commission has issued a draft notice proposing to revoke Ice Hockey Australia’s notification, under which its members will be prevented from playing in ice hockey competitions that have not been approved by Ice Hockey Australia.
Ice Hockey Australia is proposing to suspend or expel any member who takes part in a non-sanctioned Australian or international ice hockey game. The policy applies to all players and officials, including referees and coaches.
"The ACCC considers that the notified conduct would reduce the ability of rival leagues to compete effectively and create barriers to entry and expansion in relation to the provision of ice hockey competition organisation and administration services," ACCC chairman Graeme Samuel said.
"The ACCC also considers that the notified conduct would have an impact on competition for the acquisition of ice time at ice rinks, by restricting the ability of ice rinks to rent ice time to privately run leagues or offer their own competitions. This may undermine the financial viability of certain ice rinks in the long term."
IHA and interested parties now have time to lodge submissions in response to the draft notice, before the ACCC decides whether to issue a final notice revoking the notification.
More information regarding the notification, copies of the draft notice and information on how to make a submission concerning this notification are available from the ACCC's website www.accc.gov.au/ExclusiveDealingRegister or by emailing the Adjudication Branch at adjudication@accc.gov.au.
Businesses may obtain protection in relation to conduct that might be at risk of breaching the exclusive dealing provisions of the Trade Practices Act 1974 by lodging a notification with the ACCC. Once lodged, protection for the notified conduct begins automatically, or in the case of third line forcing, after 14 days.
The ACCC may revoke a notification (other than third line forcing) if it is satisfied that the conduct has the purpose, effect or likely effect of substantially lessening competition and that it does not deliver a net public benefit. Before issuing a revocation notice, the ACCC must issue a draft notice setting out its reasons for proposing to revoke the notification.