‘Green cartels’: How food businesses can have successful sustainability collaboration in compliance with ACCC requirements

Sustainability initiatives allow businesses to market to eco-conscious consumers, whilst complying with their legal obligations and responding to commercial needs. Businesses may want to collaborate with each other to undertake certain sustainability initiatives, but these collaborations present regulatory risk and scrutiny from the Australian Competition and Consumer Commission (ACCC), which has published guidance on this topic. This article explores the various conduct that is enforced by the ACCC, how businesses can avoid engaging in prohibited conduct and where it is possible to seek ACCC authorisation if there is a risk of contravention.