Competition Law

Australian Competition Law and Policy Discussion

MOU and immunity policies for criminal cartel conduct

Posted by Julie Clarke on 2 December 2008

On 1 December the ACCC and the CDPP released their final MOU regarding immunity for criminal cartel conduct (see also CDPP press release).  The ACCC has also issued revised immunity guidelines.  The MOU and new Immunity policies are subject to the new criminal cartel laws coming into operation.  Importantly, a new ‘Annexure to the Prosecution Policy of the Commonwealth for Immunity from Prosecution in Serious Cartel Offences’ has been created.  Paragraph 1.3 states: “Following a recommendation from the ACCC, the Director will decide whether to grant immunity from prosecution by applying the same criteria as contained in the ACCC’s immunity policy.  The decision of the Director whether to grant immunity will be communicated to the applicant at the same time as the ACCC’s decision whether to grant conditional immunity.”

See further “Immunity Plan for Cartel Whistleblowers” in the Australian today (2 December)

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