In response to the Government's proposal to amend the Trade Practices Act 1974 and criminalise cartel conduct in Australia, the Australian Competition and Consumer Commission and Commonwealth Director of Public Prosecutions have issued the final Memorandum of Understanding between the agencies.
The MOU outlines the roles each agency will play from investigation of the cartel conduct by the ACCC through to prosecution, as well as the principles that will guide dealings between the agencies in criminal cartel matters. It is proposed that the MOU will be signed after amendments to the Act receive Royal Assent and before the commencement of the new offences.
The ACCC has issued its revised Immunity Policy and Guidelines that will apply to applications for immunity from cartel conduct under the proposed civil provisions.