Competition Law

Australian Competition Law and Policy Discussion

ACCC Comments on Pratt Proceedings

Posted by Julie Clarke on 30 April 2009

While proceedings were ‘live’ the ACCC remained silent on its role in the criminal charges against Pratt which arose from their investigations into the cardboard cartel.  This was despite almost daily verbal attacks on the ACCC and, in particular, Graeme Samuel.  The ACCC has now released a press release detailing its role in the proceedings.  In particular, it states

“The ACCC has a public duty to refer all matters which may warrant criminal prosecution to the CDPP, together with relevant evidence.  The CDPP alone determines whether a prosecution will proceed. He does so pursuant to the Prosecution Policy of the Commonwealth. That policy has two pillars:

  • that there are reasonable prospects of conviction, and
  • and that the prosecution is in the public interest.

This is the process that was adopted by the ACCC in the proceedings relating to Mr Pratt.”

and

“The ACCC maintains that it has acted at all times in accordance with its public responsibility, and remains cognisant of the fact that both it and the CDPP must at all times have regard to the public interest in pursuing actions of this nature.”

One Response to “ACCC Comments on Pratt Proceedings”

  1. Apostille said

    This is an informative post

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