While any decision to issue a declaration is entirely a matter for the Competition Authority, it is open to any party to make a case to the Competition Authority why a particular category of agreements, decisions or concerted practices meets the various conditions specified in Section 4(5) of the Competition Act and to request the Authority to make a Declaration under Section 4(3) of the Act.
It is up to the party making such a case to provide the Authority with the necessary evidence that four conditions are satisfied.
It must improve the production or distribution of goods or promote technical or economic progress;
Consumers must receive a fair share of the resulting benefit
It must only contain restrictions which are indispensable to the attainment of the agreement's objectives; and,
It cannot lead to the elimination of competition in respect of a substantial part of the products in question.
In my opinion the negotiating parties, if they consider it appropriate, are best placed to make the case.