This article is concerned with the ACCC's unfettered and discretionary power in relation to s 87B undertakings. In particular, the article points to the danger that such undertakings may become de facto authorisations not subject to the same safeguards as the Act provides in relation to authorisations of conduct under Part IV. In such circumstances, the article submits that a decision by the ACCC to accept a s 87B undertaking should, when it relates to Part IV conduct, be reviewable by the Australian Competition Tribunal.

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