Australian regulator consults on changes to cartel immunity policy

Key Points:

The ACCC's proposed changes to its cartel immunity policy would bring greater certainty to applicants.

On 30 September 2013, the Australian Competition and Consumer Commission (ACCC) released a discussion paper inviting comment on proposed changes arising from a review of its Immunity Policy for Cartel Conduct

The main proposals under consideration are:

• Better co-ordination of the "dual track" processes in Australia for the granting of both civil and criminal immunity, by the Commonwealth Director of Public Prosecutions (DPP) moving to offer conditional immunity through a letter of comfort in a similar way to the ACCC's practice;
• deleting the requirement that an immunity applicant must not be the clear leader of the cartel;