Cooperating with the ACCC

If you become aware of a possible contravention of the Trade Practices Act or obstruction of ACCC inquiries, or are concerned you might have been involved in such conduct, you should report the matter to the ACCC.

The ACCC and the courts recognise that cooperation assists in efficient and effective detection and addressing of illegal conduct.  When a possible offender genuinely cooperates with the ACCC they may be treated leniently due to that cooperation.

Cooperation in enforcement matters

The ACCC’s Cooperation policy for enforcement matters applies to civil enforcement matters generally. Cooperation could for example result in the ACCC asking the court to impose a penalty lower than it would otherwise impose.

Cooperation in cartel enforcement matters

The ACCC also has a leniency policy which applies only to cartel conduct : Immunity Policy for Cartel Conduct and Interpretation Guidelines.

Under this policy, the first person to come forward and cooperate with the ACCC may receive immunity from legal proceedings by the ACCC in respect of the conduct.

Conditions of lenient treatment

Full, frank and continuous cooperation is required.  Various eligibility criteria apply—these are set out in the policies.

Cooperation in criminal enforcement matters

The Prosecution Policy of the Commonwealth, which applies to criminal matters, is administered by the Commonwealth Director of Public Prosecutions. 

Possible criminal offences under the Trade Practices Act or concerning obstruction of ACCC inquiries should however be reported to the ACCC in the first instance.