Enforceable Undertakings

What is an enforceable undertaking?

An enforceable undertaking is a binding document.  If you provide an undertaking to the ACCC and then fail to comply, the ACCC can take you to court to force to comply or to order compensation.  If you are in negotiations with the ACCC to provide an enforceable undertaking, you should consider obtaining legal advice to ensure that you can comply with the terms of the agreement.  Failure to do so may incur significant penalties.

The ACCC has the power to accept an enforceable undertaking under s87B of the Competition and Consumer Act 2010.  The Commission also accepts and enforces undertakings under s93AA of the ASIC Act 2001 and s163 of the Water Act 2007.  The ACCC utilises undertakings where companies agree to:
  • remedy the mischief caused;
  • accept responsibility for their actions; and
  • establish or review and improve their trade practices compliance programs and culture.
Enforceable undertakings are listed on the Undertakings Register on the ACCC website and are publicly available.  You can see some examples of current enforceable undertakings on the Register here

We can assist you in your negotiations with the ACCC to provide an enforceable undertaking.

If you have already entered into an Enforceable Undertaking with the Australian Competition and Consumer Commission (ACCC), Partners Tim Nethercote and Grant Holley have been appointed in the past as auditors for the purpose of assessing whether companies and individuals have complied with undertakings entered into with the ACCC (or ASIC).

Contact us now to see how we can assist you.

Competition and Consumer Law (previously Trade Practices Law)