Should you give a voluntary undertaking to the ACCC?
The ACCC sometimes invites a company to give a voluntary
undertaking to the ACCC. The company is not being specifically
investigated by the ACCC, and is not alleged to be involved in any
wrongdoing, but the ACCC might be concerned about some of the
practices in the industry in general.
If you are approached by the ACCC to give a voluntary
undertaking, there are a few factors to consider. Key points to
keep in mind are that:
- Undertakings have the force of law. In most cases it will be
easier for the ACCC to prove a breach of an undertaking, rather
than a breach of the law.
- Undertakings are public and appear on the ACCC's website.
Entering into the undertaking might give the public (including your
customers and suppliers) the impression that you have engaged in
wrongdoing (even if this is not the case). This is because
undertakings are often given by companies as an alternative to
being prosecuted by the
