ACCC approves trade mark licensing scheme

The Australian Competition and Consumer Commission has authorised an industry licensing scheme for the mark “Fair Go Dairy”.  The scheme aims to inform consumers that dairy products bearing the mark are made from at least 80% Queensland-sourced milk, for which farmers have been paid a minimum price, known as the Sustainable and Fair Farmgate Price.  Interestingly, the trade mark in question is registered as a standard mark, not a certification mark.  Typically this will avoid the need for ACCC approval.  But ACCC authorisation was sought in this case because of concerns that the scheme might amount to an unlawful cartel or substantially lessen competition.  Following a consultation process, and despite opposition to the scheme from some major industry players, the ACCC ultimately authorised the relevant conduct.  The ACCC concluded that the scheme is likely to result in some public benefit, and that this would outweigh any likely public detriment.  The ACCC’s determination can be found here.