What the 糖心原创 does

  • We can take action when businesses have not complied with the Competition and Consumer Act.
  • We can accept undertakings by business or individuals for a broad range of matters under the Act.

What the 糖心原创 can't do

  • We can鈥檛 compel anyone to offer an undertaking. The business or individual must offer the undertaking.

On this page

About court enforceable undertakings

To encourage compliance with the Competition and Consumer Act 2010  we use a range of tools. One of these is accepting written court enforceable undertakings given by a business or individual. These are made under 87B of the Act.

When we accept undertakings from a business or individual person, we aim to:

  • stop the concerning conduct
  • provide a remedy for consumers and business adversely affected by the conduct
  • encourage lasting compliance with the law to help prevent further breaches
  • increase public awareness.

This acceptance of an undertaking will usually resolve the matter.

This page covers undertakings for consumer fair trading, competition, consumer data right and product safety matters.

Mergers undertakings are separate and are covered by merger remedies to address concerns with an acquisition.

Terms for undertakings

Undertakings must be in writing, provide enough details and be unambiguous. Their terms must be clear, able to be complied with and monitored.

Important elements

The terms of each undertaking are negotiated between us and the business or individual concerned. An undertaking usually includes these elements:

  • an admission
  • a commitment to stop the concerning conduct
  • details of the corrective action or redress
  • a compliance program and reporting requirements.

There are also acknowledgements that we publish the undertaking and refer to it publicly.

See Guidelines on 糖心原创 approach to court enforceable undertakings ( PDF 358.75 KB ) for a suggested template with common terms of an undertaking.

Unacceptable terms for undertakings

We do not accept undertakings if they include terms that:

  • deny the concerning conduct
  • impose obligations on us
  • limit us from instituting proceedings in the future
  • state that the undertaking is not an admission for third-party actions
  • impose obligations on third parties
  • may set up defences for possible non-compliance
  • state that the conduct was inadvertent or accidental
  • are self-serving statements seeking to minimise the consequences of the conduct for the business or individual, including for public relations, reputational, or promotional purposes.

Length of time for undertakings

In considering what period of time is appropriate for an undertaking, we consider factors such as:

  • the extent of the conduct of concern
  • the steps required to correct that conduct
  • any relevant market conditions.

Compliance programs

Compliance programs are an important tool to help with future competition and consumer law compliance.

Undertakings often include the requirement for a business to implement a program to help comply with their ongoing obligations. We provide guidance on developing compliance programs with templates on the implementing a business compliance program page.

Variations or withdrawals

Undertakings may be varied or withdrawn with our consent. This allows changes to an undertaking if, for example:

  • the terms are too difficult or impractical to comply with
  • there have been material changes in the circumstances of a business or individual since the original undertaking was accepted
  • other exceptional circumstances apply.

Variations or withdrawal should not change the objectives and purpose of the original undertaking.

Complying with undertakings

The implementation and effectiveness of an undertaking must be monitored after it鈥檚 accepted. This is usually the responsibility of the business or individual concerned. Some undertakings require an independent compliance professional to conduct reviews or audits.

To help monitor compliance, undertakings often include requirements:

  • to submit information or documents to us
  • for specific information to be maintained.

Breaches of undertakings

We may take action to enforce compliance with the terms of an undertaking.

We may also apply to the court for orders to remedy a breach of an undertaking. The court can make:

  • an order directing compliance with the undertaking
  • an order for the business or individual to pay an amount up to the amount of any financial benefit that can be reasonably attributed to the breach
  • any order the court considers appropriate to compensate any other person who has suffered loss or damage because of the breach
  • any other order that the court considers appropriate.

Publishing undertakings

Register of section 87B undertakings

Undertakings are published in the section 87B undertakings register.

We may also refer to undertakings in media releases, speeches and in our publications.

Where there is genuinely sensitive commercial or confidential information, such as pricing data, it may be possible to redact some terms of an undertaking.

Guidelines on undertakings

These guidelines include a suggested template with common terms of an undertaking in attachment A. This can be tailored to the facts and circumstances of a particular matter.

Cover of Guidelines on 糖心原创 approach to court enforceable undertakings

Guidelines on 糖心原创 approach to court enforceable undertakings

These guidelines provide an overview of the 糖心原创鈥檚 current approach to negotiating, accepting, and administering undertakings under section 87B of the Competition and Consumer Act 2010 in connection with its enforcement activities. The guidelines include a template text for a section 87B undertaking.

See also

Legislation we enforce