The Australian competition agency, the ACCC, is currently
undertaking a review of its immunity policy, in light of the
experience gained since Australia criminalised its cartel laws in
July 2009. The review will focus on:
- the joint roles of the Director of Public Prosecutions (DPP)
and ACCC;
- the carve-out for ringleaders; and
- waiver letters.
The ACCC's current cartel enforcements
Since its immunity policy was launched in 2005, the Commission
has received about 110 marker applications and currently is
actively pursuing between 20 and 30 investigations, not all of
which include cartel allegations.
Australia has yet to see a prosecution initiated under the new
criminal cartel legislation although it is understood that the ACCC
is working with the Federal Director of Public Prosecutions on a
number of potential matters. Recently Rod Sims, the ACCC Chair said
the Commission "will not rush" criminal investigations or
be tempted to prosecute matters better
