ACCC Investigations - When Can The ACCC Be Required To Disclose Documents?

There is significant awareness of the broad powers of the Australian Competition and Consumer Commission ("ACCC") to compulsorily acquire documents and information as part of its investigative powers under the Trade Practices Act (Cth) ("TPA"). There is perhaps less awareness of the ACCC's obligations to provide documents to those against whom proceedings are commenced which would assist in the defence of their position.

ACCC's obligation to disclose: section 157 TPA

The obligations on the ACCC are perhaps broader when considering the production of privileged documents than the obligations of persons issued with a notice to provide information pursuant to the ACCC's investigative powers under section 155.