The Australian Competition and Consumer Commission issued a determination to grant authorisation to the Association of Fluorocarbon Consumers and Manufacturers Inc. for voluntary agreements to limit the imports of hydrochlorofluorocarbon gases in 1998, and cease the importation or manufacture of disposable containers of hydrochlorofluorocarbon and hydrofluorocarbon gases.

Such gases may contribute to depletion of the ozone layer in the earth's atmosphere, as well as to global warming.

Cooperation by industry was generated by Federal Government initiatives under its 'National Greenhouse Response Strategy' through the 'Greenhouse Challenge', a program of voluntary individual company agreements designed to deliver significant limitations of greenhouse gas emissions.

The ACCC accepted that the following public benefits would follow the arrangements:

  • a consistent regulatory framework for industry;
  • a limit on imports of ozone depleting substances leading to reduced emissions of such substances;
  •  industrial activity consistent with Australia's domestic ozone protection policies, and Australia's international obligations;
  • reducing the amount of solid waste inherent in large disposable packaging; and
  • removing a potentially dangerous form of packaging from the marketplace.

and considered that a scheme or arrangement which contributes to limiting the risk to human health and the improvement of the environment would benefit the Australian public, and may also benefit the total world population and environment.

The ACCC was satisfied that the arrangements would produce public benefits which would outweigh any anti-competitive effects likely to arise from the implementation of the arrangements.