The ACCC has issued a final determination continuing the exemption from certain competition laws for arrangements used by the Australasian Performing Right Association (APRA) to acquire and license performing rights in musical works, subject to conditions.
APRA is a music rights organisation that licenses businesses that play music, including cafes, retailers and broadcasters, and distributes licence fee revenue to songwriters, composers and music publishers as royalties.
ACCC authorisation is required because APRA’s arrangements involve coordination between potential competitors that may otherwise risk breaching Australia’s competition laws.
The ACCC has no role in developing, administering or enforcing the APRA arrangements.
“This was a complex decision because APRA has substantial market power, which can create risks for music users and members, including around licence fees, royalty distributions and transparency,” ACCC Commissioner Dr Philip Williams said.
“The ACCC found APRA’s arrangements are still likely to deliver public benefits by making it easier and more efficient for music users to obtain licences and for songwriters, composers and publishers to receive royalties.”
The ACCC has granted authorisation for five years, subject to conditions aimed at increasing transparency and accountability in how APRA operates.
The existing conditions have been largely retained. In addition, the revised conditions require APRA to:
- regularly review its licence schemes and distribution arrangements, including considering any stakeholder feedback received
- consult on any new or amended licence schemes and distribution arrangements
- maintain the alternative dispute resolution scheme.
“The conditions are designed to reduce the likely public detriments by requiring regular reviews of APRA’s arrangements and giving members and licensees clearer opportunities to provide feedback and raise concerns,” Dr Williams said.
Background
APRA is a music rights organisation established in Australia in 1926. It holds performing rights for almost all musical works played or performed in Australia.
APRA has approximately 124,000 members, including composers, songwriters and music publishers, and about 145,000 licensees, including businesses that pay a licence fee to play musical works.
APRA’s arrangements for acquiring and licensing performing rights in musical works have been authorised by the ACCC since 1999 (subject to conditions).
Note
Australian competition law allows the ACCC to authorise conduct that may otherwise raise competition law concerns when it is satisfied that the likely public benefits outweigh any likely public detriments.
Authorisation provides legal protection for the conduct covered by the authorisation. The ACCC may impose conditions to ensure the legal test continues to be met.
The ACCC released a draft determination in December 2025 proposing to grant authorisation for five years with strengthened conditions.
In reaching its final determination, the ACCC considered submissions from interested parties and material provided following the draft determination.
