ACCC investigation response preparation checklist
An ACCC investigation can involve compulsory notices, dawn raids, or voluntary cooperation. This checklist helps lawyers structure an early response and protect the client's position.
This is a 12-step checklist for responding to an ACCC investigation under the Competition and Consumer Act 2010 (Cth). It covers section 155 notices, privilege, and resolution pathways.
The checklist
Identify the subject
Identify the conduct being investigated and the parts of the CCA or ACL in play.
Review any section 155 notice
Review any section 155 notice for scope, deadline, and form of compliance.
Activate legal privilege
Activate privilege protocols for all internal communications.
Issue litigation hold
Issue a litigation hold to preserve documents and electronic records.
Assess immunity pathway
Assess whether the conduct qualifies for the ACCC immunity policy for cartel conduct.
Map custodians and data
Map document custodians and data sources to scope production.
Plan document production
Plan document production including review workflow and privilege claims.
Prepare witnesses
Prepare witnesses for compulsory oral examination under section 155(1)(c).
Assess self-reporting
Assess self-reporting and cooperation strategies and their impact on penalty outcomes.
Align PR and market comms
Align public statements, customer comms, and continuous disclosure obligations.
Consider undertakings
Consider section 87B enforceable undertakings as a resolution pathway.
Diarise key dates
Diarise every deadline, production date, and examination date.
When this checklist applies
Use when a client receives an ACCC section 155 notice or is notified of an investigation.
Common pitfalls
- Late litigation hold allowing data loss
- Privilege claims asserted without proper review
- Missing the immunity window for cartel conduct
- Public statements inconsistent with investigation facts
- Witness examinations attended without thorough prep
Run this checklist on a real matter
Quillio can map notices against CCA provisions, summarise custodian data, and draft privilege logs. See /practice-areas/regulatory or start a free trial.
General ACCC investigation guidance. Immunity, cooperation, and penalty outcomes depend on facts — obtain specialist competition advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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