Further revelations were made in the ongoing Amcor–Visy saga. The two companies were in the Federal Court on 13 March as Visy tried to obtain access to transcripts of interviews by investigators of Amcor executives. It was revealed through Visy’s cross-examination of the Australian Competition and Consumer Commission’s (ACCC) general counsel, Robert Alexander, that Amcor barely obtained immunity from being prosecuted for its cartel involvement. A former Amcor executive, James Hodgson, sought immunity from the ACCC one day after Amcor had done so. Only the first informer is entitled to immunity under the ACCC’s immunity policy released in August 2005.
This development highlights the importance of being the first to seek immunity under the ACCC policy.
Visy was unsuccessful in its attempts to gain access to the transcripts. Access to the documents could have assisted Visy in showing that Amcor had exaggerated allegations about the cartel to gain immunity from prosecution. The ACCC claimed that the documents were subject to legal professional privilege as they concerned the contemplation of legal action (see the Australian Financial Review, 14 March 2007; The Age, 30 March 2007).
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For information regarding possible implications for your business, contact a member of the Competition & Market Regulation team.