Section 87B of the Trade Practices Act 1974 gives the Australian Competition and Consumer Commission the ability to accept written undertakings in the exercise of its powers under the Act (other than Part X)—and for the enforcement of such undertakings in the Federal Court of Australia.
Parties that give such undertakings may subsequently withdraw or vary them only with the consent of the ACCC.
The ACCC regards s. 87B as an important compliance tool for use in situations where there is evidence of a breach, or a potential breach, of the Act that might otherwise justify litigation.
These guidelines outline the ACCC’s current approach to administering s. 87B in connection with its enforcement activities.
Undertakings relating to matters involving a merger are covered by Merger guidelines 2008, released on 21 November 2008. For more information on merger undertakings, contact the ACCC Infocentre on 1300 302 502.
Attachments to guidelines contain a sample guide of a s. 87B undertaking and the text of s. 87B.
No printed version of this publication is available.
An electronic version of this publication is available
at no cost.
