What type of TPA issues may arise?
CRCs may act as a forum for competitors to interact as well as, in some instances, involve supply or acquisition decisions by competitors who are participants in the CRC. This means that TPA issues can potentially impact a CRC in several ways. Industry associations in which competitors interact have long been recognised as potentially high risk for TPA non-compliance. Forums for competitors to meet require caution as discussions can stray from legitimate industry issues into forbidden territory such as customers, prices or suppliers. Where a CRC contemplates competitors being involved, it is important to remember the TPA prohibitions on arrangements between competitors, including price fixing and market sharing, and to ensure that the collaboration for the purposes of the CRC does not enter into those forbidden areas. Another TPA risk can arise by virtue of the operation of the CRC itself. CRCs may require participants to make certain decisions for the purposes of the CRC. A steering g
