Update to ACCC’s guidelines outlining the approach to court enforceable undertakings
27 September 2024
Australian Competition and Consumer Commission (ACCC) has recently updated its guidelines for administering and monitoring court enforceable undertakings. The ACCC has also recently published minor updates to its compliance program templates.
Section 87B of the Competition and Consumer Act 2010 (Cth) (CCA) allows the ACCC to accept written undertakings in the exercise of its powers under the CCA (other than Part X). Key updates to the guidelines underpinning this regime include:
- clarification that there is no legal requirement for the ACCC to be satisfied that a breach has, or was likely to have, occurred for a court enforceable undertaking to be accepted;
- a stronger position on admissions (as distinct from an acknowledgement of the ACCC’s concerns) reflecting the ACCC’s current preference for admissions in court enforceable undertakings;
- an emphasis that the ACCC will consider whether to accept an undertaking on a case-by-case basis; and
- an express statement that a court enforceable undertaking does not restrict the ACCC’s ability to take further action if the terms of the undertaking are not complied with or there is new evidence of a contravention.
The updated guidelines on the ACCC’s approach to court enforceable undertakings can be found on the ACCC website here. Updated compliance program templates are available here.
Last Updated on 27/09/2024
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