Overstated Undertakings: Recent Developments for Compliance Programs
6 Trade Practices Law Journal 196-202
7 Pages Posted: 24 Sep 2015
Date Written: 1998
A 1997 decision of Merkel J in the Federal Court held that under s 80 of the Trade Practices Act 1974 (Cth), the court can only order corporate compliance programs which cover those sections of the Act which have been contravened or allegedly contravened, even where orders for more general compliance programs are sought by consent. This decision may signal a stricter approach to be taken by the court in interpreting its own powers and those of the Australian Competition and Consumer Commission, and in giving effect to consent orders, in trade practices matters. It is likely to impact on the types of undertakings defendants will be prepared to offer in settlement negotiations, and may pose a threat to compliance programs themselves.
Keywords: Trade Practices Act 1974 (Cth), Australia, corporate compliance program, Australian Competition and Consumer Commission
Suggested Citation: Suggested Citation