ACCC guide to protecting commercially sensitive information in exclusive dealing notifications

The ACCC has published a guide providing specific information on the ACCC’s approach to requests to exclude information from the public register in the context of exclusive dealing notifications.

Althouigh the notice itself cannot be excluded from the public register, the ACCC has indicated that If a notifying party wishes to provide confidential information relating to an exclusive dealing notification, this information should be placed in a covering letter or separate document titled, for example, ‘Confidential submission’. This document should not be referred to in the notification form as an answer, or part of an answer, to any question on the form. A request for exclusion of information from the public register should be accompanied by reasons stating, in as much detail as possible, why the exclusion is sought.

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