Share on LinkedInShare on LinkedIn

ARTICLE · 13 SEPTEMBER 2019

Australian Competition And Consumer Commission Issues Guidance On Its Information Gathering Authority

Jones Day
Jones Day
Contributor
Jones Day

Jones Day

Jones Day is a global law firm with more than 2,400 lawyers in 40 offices across five continents....

View firm profile
Explore more from Jones Day

Section 155 notices are a powerful information gathering tool for the ACCC.

AustraliaAntitrust/Competition Law
Prudence Smith
Prudence Smith
Annie Leeks
Annie Leeks
Kenneth Hickman
Kenneth Hickman
Author LinkedIn connections

In Short

The Development: The Australian Competition and Consumer Commission ("ACCC") recently issued new guidelines regarding compulsory information requests. The guidelines clarify application of the "reasonable search defense" against ACCC charges that a company's response to ACCC requests are inadequate.

The Background: Under Section 155 of the Competition and Consumer Act 2010 ("CCA"), the ACCC may issue compulsory requests for information regarding suspected CCA violations. Intentionally failing to comply with a Section 155 notice is a criminal offense.

Looking Ahead: By explaining the ACCC's expectations for compliance with Section 155 notices, the new guidelines, which clarify the scope of the recently enacted reasonable search defense, can help companies avoid liability from an inadequate response.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Australia Moves To Ban Unfair Non-competes, No-poach Agreements, And Wage-fixing Arrangements

The Australian government is consulting on legislation that would treat certain employment-related restrictive covenants and inter-business labor market agreements as cartel conduct, while banning other clauses outright. The proposed bill extends Australia's cartel framework to no-poach and wage-fixing provisions between any employers, and prohibits non-compete clauses for most employees, with severe penalties for non-compliance including fines and potential jail time for individuals.
AustraliaAntitrust/Competition Law
A&O Shearman
A&O Shearman
Article

Key Refinements To Streamline Australia's Merger Control Regime Passed Into Law: Threshold For Control Increased, Removal Of Voiding Provisions And Changes To "Stale" Notification Timelines

Australia's mandatory merger control regime undergoes significant refinement through new legislation that addresses practical challenges businesses have faced since its 2026 introduction. The amendments fundamentally reshape how control and associate relationships are assessed, what happens when acquisitions aren't properly notified, and how parties can manage completion timelines for approved mergers.
AustraliaAntitrust/Competition Law
K&L Gates
K&L Gates
Article

Merger Reform Update: Critical Amendments To Australia’s Merger Regime Passed By Parliament

Australia's Parliament has passed critical amendments to the country's new merger regime, replacing automatic voiding of non-notified acquisitions with a court-supervised model and clarifying control exemptions for minority investments. The changes also introduce greater flexibility for stale clearances, though questions remain about whether further reforms are needed to address the regime's underlying complexity and conservative thresholds.
AustraliaAntitrust/Competition Law
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Australia’s Merger Regime Changes Again: Parliament Fine-tunes New M&A Rules

Australia's Parliament has passed significant amendments to the country's merger regime, less than a year after its introduction. The changes address practical concerns around mandatory merger notifications, providing greater flexibility for minority investments, reducing risks from inadvertent notification failures, and allowing extensions for delayed transactions. How will these refinements impact dealmakers navigating Australia's interventionist competition framework?
AustraliaAntitrust/Competition Law
Holding Redlich
Holding Redlich
Article

Attempt Is Enough: Record Personal Penalty Signals ACCC’s Zero Tolerance For Cartel Conduct

The Federal Court has imposed a record $1 million personal fine on an executive for attempting to induce competitors into cartel arrangements in the oil and gas services industry, despite all five attempts failing. The Court also issued a non-indemnification order preventing the executive from using insurance or company funds to pay the penalty, marking a significant escalation in competition law enforcement.
AustraliaAntitrust/Competition Law
Cooper Grace Ward
Cooper Grace Ward
Article

Competition And Consumer Law Round-Up

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.
AustraliaAntitrust/Competition Law
K&L Gates
K&L Gates
Article

Ninth Circuit Vacates CFAA Injunction Against Perplexity's Comet AI Agent

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...
United StatesMedia, Telecoms, IT, Entertainment
Jones Day
Jones Day
Article

EU Commission Pushes for Transposition of the EmpCo Directive on Environmental Claims

The European Commission has initiated infringement procedures against 20 EU Member States for failing to transpose the EmpCo Directive by the March 27, 2026 deadline. This directive aims to combat greenwashing by requiring substantiation of environmental claims and third-party certification for sustainability labels, with full implementation expected by September 27, 2026.
European UnionConsumer Protection
Jones Day
Jones Day
Article

Commission Proposes EU Public Procurement Act

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.
European UnionGovernment, Public Sector
Jones Day
Jones Day
Article

Federal Court Holds New York’s Climate Superfund Law Preempted By CAA

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United StatesEnvironment
Jones Day
Jones Day
Article

Amendment To The General Rules Under Mexico’s Anti-Money Laundering Law (LFPIORPI): Key Regulatory Changes Under Acuerdo 115/2026

Mexico's comprehensive anti-money laundering framework has undergone a sweeping transformation through Acuerdo 115/2026, introducing mandatory risk-based methodologies, enhanced client due diligence protocols, and automated monitoring requirements. With implementation deadlines beginning March 1, 2027, obligated parties conducting vulnerable activities face compressed timelines to overhaul their compliance infrastructure while navigating heightened enforcement risks and stricter beneficial ownership thresho
MexicoGovernment, Public Sector
Jones Day
Jones Day
Article

China's Supreme Court Issues Landmark Judicial Rules On AI: Implications For Product Liability, IP, Data, And Generative AI

China's Supreme People's Court has issued comprehensive judicial rules addressing artificial intelligence disputes, establishing frameworks for product liability, intellectual property rights, and data protection. These landmark opinions provide critical guidance for global companies navigating AI-related legal risks in China's evolving regulatory landscape.
ChinaIntellectual Property
Jones Day
Jones Day
Article

New EU Guidelines On Abuse Of Dominance: Recalibrated Framework, With Ample Room For Aggressive Enforcement

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market
European UnionAntitrust/Competition Law
Jones Day
Jones Day