Draft guidelines on claims under section 95ZN of the CCA in price inquiries

Overview

The ACCC seeks your views on its draft guidelines regarding claims in price inquiries under section 95ZN of the Competition and Consumer Act 2010 (Cth).

The guidelines provide information about the approach taken by the ACCC in assessing whether to disclose information under section 95ZN of the CCA where that information has been:

• provided to the ACCC under section 95ZK of the CCA, or
• made available to the ACCC in submissions to a price inquiry, or given in private at a formal price inquiry hearing.

The draft guidelines set out the ACCC's current understanding and interpretation of the law. They are for the general guidance of legal practitioners and business advisors, and should not be used as a substitute for legal advice.

The ACCC invites you to have your say on the approach set out in these draft guidelines. Submissions will be open until 19 November 2019.

The ACCC intends to publish the final version of the guidelines in December 2019 and will rely upon them from this time.

Confidentiality

Submissions may be published on the ACCC website at the end of the consultation period.

Any information that you believe to be of a confidential nature should be clearly marked or identified as confidential.

The ACCC will not disclose confidential information to third parties, other than advisors or consultants engaged directly by the ACCC, without first providing you with notice of its intention to do so, such as where it is compelled to do so by law.