Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

After investigating an application for authorization, the ACCC distributes a draft setting out its proposed decision and the reasoning behind same. The applicant and interested parties are invited to seek a meeting to discuss the matter within 14 days of receiving the draft (Section 90A). Upon termination of the conference, the ACCC issues a final decision granting or denying the authorization, or …

Proceedings before the ACCC

Any person can bring a complaint and the ACCC can also initiate an investigation ex officio. The ACCC can require a person to provide information or documents or appear before it and can obtain search and seizure warrants. It may also require the Australian Federal Police to collect evidence using phone taps and other surveillance devices. However, under Section 155(7B), an investigated person cannot be required to produce a document that would disclose information that is covered by legal professional privilege. On 7 September 2016, the ACCC issued new guidelines on the use of Section 155 powers. Finally, the 2017 amendments established a defense for persons accused of refusing or failing to comply with a notice requiring them to produce documents where the persons prove that, “after a reasonable search,” they are “not aware of the documents” and provide a written response to the notice, including a description of the scope and limitations of the search. The new provisions of Section 155(6) also define the elements taken into consideration to assess the “reasonable” nature of a search: the nature and complexity of the matter to which the notice relates; the number of documents involved; the ease and cost of retrieving a document relative to the resources of the person who was given the notice, etc.

Complaints and investigations

After investigating an application for authorization, the ACCC distributes a draft setting out its proposed decision and the reasoning behind same. The applicant and interested parties are invited to seek a meeting to discuss the matter within 14 days of receiving the draft (Section 90A). Upon termination of the conference, the ACCC issues a final decision granting or denying the authorization, or granting it subject to conditions. Authorization may be granted for a limited period, subject to renewal.

Outside of authorizing agreements or receiving notifications, the ACCC has a general enforcement role. However, unlike many administrative competition control authorities, the ACCC has no power to impose penalties or indeed take any other action itself. Instead, it must at all times apply to the courts and prosecute parties before them, which have been endowed with the real power of enforcement. For example, the enforcement procedure for cartel conduct will depend on the seriousness of the conduct. In case of “serious cartel conduct”, the ACCC will seek to have the undertakings prosecuted criminally whereas less serious conduct will be pursued just under civil penalty provisions. As regards its enforcement of Part IV, the ACCC frequently negotiates penalties with undertakings which have committed violations of the Act and acknowledge their guilt.

  Upon the application of the ACCC or any other party the courts may grant an interim injunction where a party is engaging in or is about to engage in conduct that is contrary to the provisions of Part IV (Section 44ZZG).

Global Competition Law

802. Proceedings before the ACCC

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Les notions juridiques connexes

802. Proceedings before the ACCC

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise