Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 2)

Abstract:     
For the ACCC there are ‘forks in the road’ in deciding how to deal with the interaction between its highly acclaimed Immunity Policy for Cartel Conduct and (1) the criminalisation of serious cartel conduct; (2) the rise in private enforcement and damages claims in relation to cartel conduct; (3) the increased significance of cartel case settlement or, in the criminal context, plea negotiation; and (4) the potential strategy of offering alternative financial rewards for cartel information. In relation to each of these, this article (published in two parts) explores the issues involved; the ACCC’s current proposals for dealing with them (to the extent any such proposals exist); overseas models for tackling the issues; and the way forward in meeting the challenges and/or harnessing the opportunities presented. Part 1 published in the previous issue, dealt with criminalisation and private enforcement. Part 2 of the article deals with settlements and alternative rewards.

Keywords: ACCC, cartel conduct, criminal law

JEL Classifications: K00, K14, K21, K49

Accepted Paper Series