How to Report a Cartel in Australia (2026): Step-by-step Guide

If you suspect that businesses are secretly fixing prices, rigging bids, or carving up markets, knowing how to report cartel conduct in Australia is the critical first step toward accountability. With the ACCC reaffirming cartel enforcement as an enduring priority for 2026–27 and penalties for cartel conduct at their highest levels, regulators are more responsive than ever to credible tips from employees, competitors, and the public. This guide walks you through the exact reporting channels, ACCC, AFP, and anonymous options, along with the evidence you need, the protections available, and what to expect once your report is lodged.

TL;DR, Three steps to report a cartel in Australia:

1. Identify the conduct and preserve evidence. Document what you have seen, emails, meeting notes, pricing schedules, tender documents, before anything is deleted or altered.
2. Report to the right body. Contact the ACCC for commercial cartel conduct between businesses. Contact the AFP where organised crime or serious criminality is involved. Use Crime Stoppers if you need to remain completely anonymous.
3. Consider whistleblower protections and legal advice. Australian law provides statutory protections for eligible whistleblowers, but the scope depends on how and to whom you report. Seek independent legal advice early.

What Is a Cartel in Australia? Quick Legal Definition and the Four Types

A cartel exists when two or more businesses that should be competing against each other instead make a secret arrangement to coordinate their commercial behaviour. Under the Competition and Consumer Act 2010 (CCA), cartel conduct is prohibited by Division 1 of Part IV and carries both civil and criminal consequences. The prohibition applies to corporations, individuals, and anyone who attempts to make or give effect to a cartel provision.

The ACCC identifies four forms of cartel activity. Each involves competitors agreeing, formally or informally, to act together rather than compete on their merits:

• Price fixing. Competitors agree on the price they will charge, or agree on pricing formulas, discounts, or credit terms. Example: two building-materials suppliers agreeing to charge identical mark-ups on concrete.
• Market sharing. Competitors divide up customers, geographic regions, or product lines so each faces less competition. Example: two logistics firms agreeing that one will serve Queensland while the other takes Victoria.
• Bid rigging. Competitors coordinate their bids for tenders or contracts so that a pre-determined party wins. Example: three IT service providers agreeing to submit artificially high bids so one of them secures a government contract at an inflated price.
• Output restriction. Competitors agree to limit the volume of goods or services they produce or supply, artificially pushing up prices. Example: competing dairy processors agreeing to cap their milk production to keep wholesale prices high.

The Legal Test for Cartel Conduct

The CCA does not require proof that the arrangement actually succeeded in raising prices or harming consumers. The offence is in making or giving effect to a contract, arrangement, or understanding that contains a cartel provision. A cartel provision exists where competing parties agree on price, output, allocation of customers or territories, or bid-rigging, regardless of whether the agreement is written down or merely a handshake. This strict approach means that even early-stage discussions between competitors can cross the legal line.

Who to Report a Cartel to in Australia: ACCC vs AFP vs Other Agencies

The single most common question from would-be reporters is whether to go to the ACCC or the AFP. The short answer: the ACCC is the lead agency for all cartel investigations in Australia. It holds primary responsibility for detecting, investigating, and enforcing cartel laws under the CCA. The AFP becomes relevant when there is an overlay of serious criminal conduct, typically organised crime elements, or when the ACCC refers a matter for criminal prosecution through the Commonwealth Director of Public Prosecutions (CDPP).

Below is a comparison table to help you decide where to direct your report.

In practice, if you are an employee, procurement officer, or business owner who has witnessed commercial cartel behaviour, pricing discussions between competitors, suspicious tender patterns, coordinated supply restrictions, the ACCC is almost always the correct first point of contact. The AFP route is more relevant where the conduct involves threats, coercion, or links to organised criminal networks. If you are unsure, reporting to the ACCC is the safest default: the ACCC can and does refer criminal matters to the AFP and CDPP when it considers the evidence warrants it.

Immediate Actions If You Fear Reprisals or Are Involved in the Conduct

• Do not destroy or alter documents. Document destruction is itself an offence and will undermine any investigation.
• Seek legal advice immediately. A competition lawyer can help you understand your exposure, your options for immunity or leniency, and the protections available.
• If you feel physically unsafe, contact your local police (000 for emergencies) or Crime Stoppers (1800 333 000).
• If you are a participant in the cartel, consider the ACCC’s immunity and leniency program before making any public disclosure, timing is critical (see the next section).

How to Report Cartel Conduct to the ACCC: Step-by-Step

The ACCC cartel reporting process is the most direct route for reporting anti-competitive conduct in Australia. Anyone, employees, businesses, consumers, or anonymous tipsters, can file a report. Here is how the ACCC process works, step by step:

1. Gather your evidence first. Before contacting the ACCC, compile whatever documentation you have: emails, meeting invitations, pricing schedules, tender documents, internal memos, and witness observations. You do not need a complete case, the ACCC has its own investigative powers, but a credible initial report with supporting material will be taken more seriously and assessed more quickly.
2. Submit your report through the ACCC Infocentre. Navigate to the ACCC’s cartels page and use the online reporting function via the ACCC Infocentre. You can also phone the ACCC Infocentre directly. Describe the conduct, identify the parties involved if possible, and attach or reference any documents you hold.
3. The ACCC will acknowledge receipt and assess your report. Early indications suggest most initial assessments take between two and twelve weeks, though complex matters can take longer. The ACCC may contact you for further information, request documents, or issue compulsory information-gathering notices under section 155 of the CCA to third parties.
4. Include key details in your report. At a minimum, provide the names of the businesses and individuals involved, dates and locations of relevant discussions or agreements, the type of conduct (price fixing, market sharing, bid rigging, or output restriction), and any documents or communications that support your account.
5. Preserve legal privilege. If you are seeking legal advice about your own exposure before reporting, communications with your lawyer may be protected by legal professional privilege. Do not forward privileged documents to the ACCC without legal advice.

How the ACCC Leniency and Immunity Program Works

If you are a participant in cartel conduct and want to come forward, the ACCC’s Immunity and Cooperation Policy may offer a pathway to reduced or eliminated liability. The ACCC has updated this policy to encourage early reporting, and early indications suggest the regulator is giving increasing weight to voluntary cooperation.

The core principle is first in, best dressed. The first party to approach the ACCC with a genuine disclosure of cartel conduct, before the ACCC has commenced its own investigation into that conduct, may be eligible for full immunity from civil penalties. To qualify, the applicant must not have been the instigator or ringleader of the cartel and must provide full, frank, and continuing cooperation throughout the investigation.

For criminal immunity, the process involves coordination between the ACCC, the CDPP, and potentially the AFP. Criminal immunity is a separate consideration from civil immunity and is ultimately a matter for the CDPP. However, the ACCC is the first point of contact for both civil and criminal immunity discussions.

Subsequent cooperators who miss out on first-in immunity may still receive leniency, a recommendation from the ACCC for reduced penalties, in exchange for substantial cooperation and evidence.

ACCC Contact Channels

• Online: Report via the ACCC Infocentre at accc.gov.au.
• Phone: ACCC Infocentre, 1300 302 502.
• Immunity applications: Contact the ACCC’s cartel immunity team directly. The ACCC website provides a dedicated contact pathway for immunity inquiries.

How to Report Cartel Conduct to the AFP: Step-by-Step and Corporate Self-Reporting

While the ACCC is the primary cartel enforcement body, there are situations where reporting directly to the AFP is appropriate, particularly where the conduct involves serious criminality or organised crime elements that go beyond commercial anti-competitive behaviour. Here is how to report cartel conduct to the AFP:

1. For immediate safety concerns, call 000 or your local police.
2. For suspected criminal cartel conduct, use the AFP’s online reporting tool at afp.gov.au/report-crime. Provide as much detail as possible about the nature of the criminal conduct and the parties involved.
3. For corporate self-reporting, the AFP offers a self-reporting pathway for organisations that have discovered possible criminal conduct within their operations. Companies can approach the AFP as a “good corporate citizen” to self-disclose potential offences. This pathway is designed to encourage proactive cooperation, and early self-reporting may be treated as a mitigating factor in any subsequent proceedings.

In cartel matters where the ACCC has primary carriage, the AFP typically becomes involved after the ACCC refers the matter for criminal prosecution. Industry observers expect this referral mechanism to be used more frequently as the ACCC continues to signal that criminal prosecution, not just civil penalties, remains a live enforcement option for serious cartel conduct.

How to Report Cartel Conduct Anonymously and Whistleblower Protections in Australia

Fear of reprisal is the single biggest barrier to cartel reporting. Australian law addresses this through both anonymity options and statutory whistleblower protections, but the two concepts are distinct, and reporters should understand the differences.

Anonymity Routes

• Crime Stoppers. Available in every state and territory, Crime Stoppers allows completely anonymous tips by phone (1800 333 000) or online. You do not need to provide your name, and Crime Stoppers will not attempt to identify you. Reports that involve cartel conduct can be referred onward to the ACCC or AFP.
• ACCC anonymous reporting. The ACCC accepts anonymous reports through its Infocentre. However, the ACCC notes that anonymous reports can be harder to investigate because the regulator may not be able to follow up for additional detail or evidence.
• Third-party secure reporting tools. Some employers and industry bodies use encrypted, anonymous reporting platforms. If your employer has such a system and you trust its independence, it may offer an additional channel.

Statutory Whistleblower Protections

Part 9.4AAA of the Corporations Act 2001 provides protections for eligible whistleblowers in the corporate sector. To qualify, a person must make a disclosure to an “eligible recipient”, which includes ASIC, APRA, a legal practitioner, or a designated officer within the company, and must have reasonable grounds to suspect that the information concerns misconduct or a contravention of a Commonwealth law.

The protections include immunity from civil, criminal, and administrative liability for making the disclosure; protection from victimisation, dismissal, or other detrimental treatment; and compensation remedies if victimisation occurs. ASIC provides detailed guidance on how these protections operate in practice.

There are, however, important limits to be aware of regarding whistleblower protections for cartel reporting in Australia:

• Whistleblower protection does not automatically shield a person from criminal liability for their own involvement in the cartel. A separate immunity application to the ACCC is required for that purpose.
• Protections depend on how and to whom you report. A disclosure to the media, for example, only attracts protection under very narrow “public interest” or “emergency” exceptions.
• Anonymous disclosures can still attract whistleblower protections, but enforcing those protections becomes more difficult if the reporter’s identity is unknown.

How Anonymity Affects Leniency and Immunity

If you are a cartel participant seeking immunity under the ACCC’s policy, anonymity is not an option. The ACCC requires immunity applicants to identify themselves and provide full cooperation. This creates a tension: the strongest legal protection (immunity) requires full disclosure, while anonymity offers personal safety but limits your ability to negotiate formal immunity. An experienced competition lawyer can help navigate this tension and structure your approach to maximise both protection and legal outcome.

Evidence and Documentation Checklist for How to Report a Cartel in Australia

The strength of your report depends heavily on the evidence you can provide. You do not need a fully built legal case, but the more concrete detail you supply, the faster and more seriously the ACCC or AFP can act.

Sample Report Template, ACCC Submission

When contacting the ACCC via the Infocentre, structure your report along these lines:

• Summary: Brief description of the suspected cartel conduct (one to two sentences).
• Parties involved: Names of businesses and individuals; their roles and relationships.
• Type of conduct: Price fixing / market sharing / bid rigging / output restriction.
• Key dates: When did the conduct begin? When did you become aware of it?
• Evidence: List of documents or records you can provide (attach where possible).
• Your contact details: Unless reporting anonymously, provide a secure way for the ACCC to follow up.

Sample Anonymous Tip, Crime Stoppers

If reporting via Crime Stoppers (phone or online), keep your tip concise but specific:

• State what you believe is happening (e.g., “Two companies are agreeing on tender prices for government contracts”).
• Name the businesses and individuals if known.
• Describe when and where the conduct is occurring.
• Mention any documents or evidence that may exist (even if you cannot provide them).

What Happens After You Report: ACCC and AFP Process, Timelines, and Penalties for Cartel Conduct in 2026

Once a report is lodged, here is the typical pathway the ACCC follows:

Timelines vary enormously depending on the complexity of the conduct, the number of parties involved, and the quality of available evidence. The ACCC does not publish fixed timelines for cartel investigations. If you have reported and want an update, you can contact the ACCC Infocentre to ask about expected timeframes for your matter.

Penalties for Cartel Conduct, 2026 Context

Penalties for cartel conduct in 2026 reflect a strong legislative and regulatory commitment to deterrence. Under the CCA, cartel conduct carries both criminal and civil consequences. Criminal penalties for individuals include imprisonment. For corporations, civil pecuniary penalties can reach the greater of a substantial fixed amount, three times the benefit obtained from the conduct, or a percentage of annual turnover. The ACCC has stated that it will always prioritise cartel conduct causing detriment in Australia, and industry observers expect the regulator to pursue more criminal referrals in the coming financial year.

Possible Outcomes for Reporters

• No further action: The ACCC may assess the report and determine that there is insufficient evidence or that the conduct does not meet the threshold for enforcement action.
• Compliance or enforcement action: The ACCC may commence civil penalty proceedings, seek enforceable undertakings, or refer the matter for criminal prosecution.
• Immunity accepted: If you applied for immunity and met the criteria, your cooperation may result in full immunity from penalties.
• Follow-up contact: The ACCC may contact you for further information. Unless you reported anonymously, expect at least one follow-up communication during the assessment stage.

Conclusion: How to Report a Cartel in Australia, Your Next Steps

Understanding how to report a cartel in Australia is the first, and most consequential, step toward holding anti-competitive conduct to account. Whether you contact the ACCC, the AFP, or Crime Stoppers, the 2026 enforcement environment is firmly on the side of those who come forward. Gather your evidence, choose the right reporting channel for your situation, and seek independent legal advice to protect your position. A qualified competition lawyer can help you navigate the reporting process, assess your eligibility for immunity, and ensure your whistleblower protections are fully in place.

Sources

1. ACCC, Cartels
2. ACCC, Compliance and Enforcement Priorities
3. ACCC, Immunity Policy for Cartel Conduct (Media Release)
4. AFP, Report a Crime
5. AFP, Self-Reporting Possible Criminal Conduct for Companies
6. Competition and Consumer Act 2010, Federal Register of Legislation
7. Corporations Act 2001, Federal Register of Legislation
8. ASIC, Whistleblower Protections Guidance
9. Johnson Winter Slattery, Cartel Laws and Regulations 2026: Australia
10. DW Fox Tucker, ACCC Investigations in Australia 2026: A Practical Playbook for Businesses