The Competition and Consumer Act 2010 (Cth) Contains Two Tests

The Competition and Consumer Act 2010 (Cth) contains two tests that must be satisfied if the ACCC is to authorise anticompetitive conduct.In the case of authorisation of exclusive dealing (other than third line forcing) or anti-competitive conduct the test that must be satisfied is:

A) The conduct is likely to result in a public benefit that outweighs the public detriment.
B) The conduct will result in a public benefit that is substantial when considered against the likely detriment.
C) The conduct will improve economic efficiency.
D) The conduct will substantially increase the wellbeing of members of the community.