Section 87B of the Competition & Consumer Act

Section 87B of the Competition and Consumer Act Guidelines on the use of enforceable undertakings by the Australian Competition and Consumer Commission

Section 87B of the Competition and Consumer Act 2010 gives the ACCC 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. Attachments to the guidelines contain a sample guide of a s.87B undertaking and the text of s.87B.

Undertakings relating to matters involving a merger are covered by Merger guidelines 2008, released on 21 November 2008.