Joint Submission to ACCC: Class Exemptions for Sustainability-Related Collaboration

The Australian Sustainable Finance Institute (ASFI), Australian Council of Superannuation Investors (ACSI), and Responsible Investment Association Australasia (RIAA) have lodged a joint submission to the Australian Competition and Consumer Commission’s (ACCC) engagement on beneficial collaboration to support productivity.

The submission supports the introduction of a class exemption for sustainability-related collaborative conduct, modelled on international frameworks such as those established in the United Kingdom and European Union.

This would provide greater legal certainty for businesses seeking to collaborate on climate and sustainability initiatives, while maintaining competitive safeguards.

A well designed exemption has the potential to reduce compliance costs, promote efficient collective action, and accelerate Australia’s transition to a sustainable and competitive economy. This aligns with national climate and productivity goals.

In the submission, ASFI, ACSI and RIAA recommend that the ACCC:

• Establish a class exemption to authorise sustainability-related collaboration between competitors where it delivers clear public benefits.

• Provide clear conditions, guidance and illustrative case studies to support business self-assessment.

• Align the exemption with Australia’s climate, nature and sustainable finance policies to ensure coherence across regulatory frameworks.

• Draw on international best practice, including the UK’s Green Agreements Guidance and the EU’s Horizontal Guidelines.