Immunity policy review

Closed 28 Oct 2013

Opened 30 Sep 2013

Overview

The ACCC published a revised Compliance and Enforcement Policy in early 2013. It outlines that cartel conduct will always be assessed as a priority, irrespective of the sector of the economy in which the activity occurs

Domestic and international experience has demonstrated that an effective immunity policy encourages self-reporting of cartel conduct by participants.

Why We Are Consulting

This review is to determine whether the immunity policy and the program supporting it can be improved.

Informed by an initial consultation, the ACCC is now seeking comments on a range of issues which are intended to inform the drafting of revised policy materials, including:

  • streamlining the processes of granting civil and criminal immunity by utilising a letter of comfort from the CDPP regarding criminal immunity
  • clarification of the terms ‘clear leader’ and ‘coercion’ in assessing a party’s eligibility for immunity
  • clarification of how cooperation by second and subsequent parties to the cartel will be assessed by the ACCC
  • simplifying the format of the policy.

Make a submission

Email: immunityreview@accc.gov.au
Phone: 02 9230 9180 or 02 9230 3892

Submissions were due by 28 October 2013.

Audiences

  • All business
  • Industry

Interests

  • All interests