The ACCC has commenced criminal proceedings in the Federal Court against Mr John Patrick Neville for allegedly providing false and misleading evidence in the course of an investigation into collusive activity between a group of real estate agents. The Trade Practices Act makes it an offence to knowingly furnish information or evidence that is false or misleading in response to a section 155 notice. An offence under section 155 carries a maximum fine of $2,200 or up to 12 months imprisonment. In the past, the ACCC has rarely, if ever, sought to criminally prosecute those who provide it with false information.
This litigation shows a commitment by the ACCC to pursue those who fail to take their responsibilities seriously. It emphasises the need for all to ensure that when they receive queries or comments from the ACCC that they should seek appropriate professional advice.
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For information regarding possible implications for your business, contact a member of the Competition & Market Regulation team.