Competition Law

Australian Competition Law and Policy Discussion

Archive for the ‘Immunity’ Category

Criminal Cartel Bill receives Royal Assent

Posted by Julie Clarke on 2 July 2009

The Criminal Cartel Bill received Royal Assent on 26 June 2009 – it is now an Act (Act no 59 of 2009) and the cartel provisions will enter force after 28 days (24 July).

The ACCC has also released a Revised Immunity Policy for Cartel Conduct and associated interpretation guidelines. They will come into operation when the new cartel provisions come into force on 24 July. In addition to setting out the process for obtaining immunity for civil cartel conduct the new policy sets out the procedures for obtaining immunity in relation to criminal cartel offences, including the role of the Commonwealth Director of Public Prosecutions (CDPP) (see, in particular, Annexure B of the Prosecution Policy of the Commonwealth).

Posted in Cartels, Criminal Penalties, Guidelines, Immunity, Price Fixing | Tagged: , , , | Leave a Comment »

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)

Posted in Cartels, Immunity | Tagged: , , | Leave a Comment »

%d bloggers like this: