ACCC Gets New Fast-Track Powers To Waive Competition Rules During National Emergencies

The Australian Competition and Consumer Commission has gained new powers to fast-track exemptions to the country’s competition laws during national emergencies and other exceptional circumstances.

The Competition and Consumer Amendment (Responding to Exceptional Circumstances) Bill 2026 has received royal assent, giving the ACCC a streamlined process for allowing businesses to coordinate with competitors when a crisis demands it.

Under normal circumstances, Australian competition law prohibits businesses from coordinating with rivals. But emergencies can create situations where cooperation between competitors is needed to maintain the supply of goods and services to affected communities.

How the new powers work

The ACCC’s fast-track exemption powers can only be triggered in two ways: when the federal government declares a national emergency under the National Emergency Declaration Act, or when the Treasurer declares that exceptional circumstances apply.

Once either declaration is in place, businesses will be able to apply through a streamlined authorisation process to coordinate their activities where doing so would assist in the response to or recovery from the declared emergency.

The ACCC will also be able to issue class exemptions – automatic, sector-wide exemptions that allow coordination by businesses across multiple industries without the need for individual applications.

For any exemption to be granted, the ACCC must be satisfied that the business coordination it covers is likely to assist in responding to or recovering from the declared emergency or exceptional circumstances.

Safeguards built in

ACCC Chair, Gina Cass-Gottlieb, welcomed the legislation, pointing to the need for faster processes during crises.

“We welcome the royal assent of this legislation, which recognises the importance of swift and effective exemptions processes to help Australian businesses cooperate where collective action is likely to be most effective to respond to the exceptional circumstances and support affected communities,” Cass-Gottlieb noted.

She emphasised that the new powers come with limits.

“The new streamlined exemption processes will help businesses to move quickly to coordinate practical responses during emergencies. The ACCC will apply clear safeguards, so coordination goes no further than necessary and impacts on competition are minimised,” Cass-Gottlieb explained.

“Under the new streamlined exemption powers, the ACCC can only grant exemptions for activities that would likely assist in the response to, or recovery from, the exceptional circumstances which are declared.”

Practical scenarios

The types of coordination the powers are designed to facilitate could include businesses working together to ensure the continued supply of a critical product or service during a national crisis – for example, coordinating logistics or sharing resources to keep essential goods flowing to affected areas.

The ACCC indicated it will develop practical guidance on the new powers and work with businesses and other stakeholders to help them understand the streamlined processes.

Existing powers unchanged

The new legislation does not alter the ACCC’s existing authorisation framework. The regulator’s current powers to grant exemptions from competition laws where there is likely to be a net public benefit remain in place and continue to operate as before.

Australian competition law has long recognised that some activities which might otherwise breach the rules can deliver a net public benefit. Authorisations and class exemptions have been the established mechanisms for allowing such activities to proceed lawfully.

The new emergency powers sit alongside this existing framework, providing a faster pathway specifically designed for crisis situations where time is a factor.

Last Updated on May 27, 2026 by Nick Ross