A week of interesting court decisions under the Competition
and Consumer Act 2010 (Cth) (CCA).
- Cartel whistleblower immunity does not necessarily
confer anonymity
- Narrow market definition stymies ACCC's attempt to thwart
Metcash bid for Franklins.
ACCC attempt to keep identity of whistleblower confidential
fails
Readers of this update will know that the ACCC operates an
immunity policy for cartel whistleblowers. Recipients are entitled
to immunity from prosecution and penalty – quite a
drawcard when the penalties for cartel conduct include significant
financial penalties and jail terms.
However, does the bestowal of immunity entitle the recipient to
anonymity? At first glance the answer to this might appear
to be an obvious 'yes', given the potential ramifications
whistleblowers may face when spilling the beans on illegal cartel
conduct. Public interest immunity may preserve anonymity, but only
on certain occasions.
