ACCC notes increasing non-compliance with investigations
The annual report of the Australian Competition and Consumer Commission has noted “an increase in instances of possible non-compliance” by recipients of its statutory notices which require information, documents or attendance at examination from companies under investigation.
Rod Sims ACCC
The notices are issued under section 155 of the Competition and Consumer Act 2010.
“In recent times, the ACCC has observed what it considers to be an increase in instances of possible non-compliance by recipients of s155 notices,” said ACCC Chairman Rod Sims.
“While not used in every matter, they nevertheless remain an important part of the investigative process, and ensuring recipients comply in terms of the timing required for responses and the accuracy or completeness of information is important to the ACCC’s role in reaching considered views on the conduct of concern before deciding on the action required.
“The ACCC’s prime interest in raising these concerns is to ensure greater compliance with the investigative process and to emphasize that it remains vigilant in protecting the integrity of its investigation and litigation processes.”
The ACCC said that in the last quarter, the ACCC was involved in 10 proceedings relating to competition enforcement which are still underway, and a further 36 consumer protection cases which are currently underway.
It received 51,156 complaints and inquiries from business and consumers in the last year.