The ACCC has established an immunity policy for corporations and individuals who have been involved in a cartel but then report their involvement to the ACCC.
The policy provides immunity from litigation and penalty for those who assist with cartel investigations. The ACCC is able to grant civil immunity. Immunity from criminal prosecution can only be granted by the Commonwealth Director of Public Prosecutions.
Apply for immunity or request a marker
The only valid way for businesses or individuals involved in cartel conduct to make an immunity application or request a marker is to:
send a fax on (02) 6243 1156 (dedicated line), or
contact:
Mr Marcus Bezzi Executive General Manager Enforcement and Compliance Division Telephone: (02) 9230 3894 (business hours)
It is not sufficient to leave a voicemail or other message or send an email.
Potential cartel victims
If you would like to know more about cartels, or wish to report suspicious behaviour, contact:
the ACCC Infocentre on 1300 302 502.
Businesses
Businesses that believe they have been the target of collusive behaviour should contact the ACCC. While we do not expect you to undertake a complex investigation on your own, it is helpful if you assemble the facts that demonstrate your concerns.
ACCC investigators generally seek three kinds of information concerning suspicious behaviour:
Details of any incidents that have aroused your suspicion. If possible, this should be backed up by relevant documents such as copies of bids, quotes or invoices.
Any other evidence, such as notes of phone calls and conversations with suppliers. It is best that you write down any such anecdotal information at the earliest convenient time.
Whatever background information is available. This might include retained records, such as past tenders, or general perspectives on past practices, such as the history of relevant products and dealings with the industry sector.
