By Caron Beaton-Wells
Cartel law is a primary component to pageant coverage and an important technique of minimising the hostile results of cartel job on financial welfare. even if, powerful cartel law poses detailed demanding situations for governments, pageant professionals and commentators around the globe. In Australian Cartel legislation, best pageant legislations specialists Caron Beaton-Wells and Brent Fisse ponder advancements in anti-cartel legislation in Australia over the past 30 years. they supply a finished account of the present legislation on cartels in addition to discussing key matters that could come up sooner or later. This definitive quantity not just identifies the sensible and theoretical concerns, but additionally recommends manageable ideas, and does so with the good thing about comparative research of the anti-cartel legislation of significant abroad jurisdictions. a number of the matters pointed out and mentioned in Australian Cartel rules are universal to any scheme designed to control cartel behavior.
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Extra info for Australian Cartel Regulation: Law, Policy and Practice in an International Context
15 Namely the ‘trade and commerce’ power in s 51(i); the ‘territories power’ in s 122 and the ‘postal, telegraphic and telephonic power’ in s 51(v) of the Australian Constitution. 16 See, in particular, s 6(2)(b) and ss 6(2C)–(2E). 1. 17 Independent Committee of Inquiry into Competition Policy in Australia, National Competition Policy, Report, Commonwealth Government Printer, Canberra, 1993. 18 Council of Australian Governments, Conduct Code Agreement, 1995. 19 For a critical analysis of the scheme as an instance of cooperative federalism, see R French, ‘Horizontal Arrangements – Competition Law and Cooperative Federalism’, Competition and Consumer Law Journal, vol.
15, 2008, p. 255. 13 14 AUSTRALIAN CARTEL REGULATION The Schedule version of Pt IV is identical to Pt IV except that it applies to persons rather than corporations. 20 Consistent with the 1995 Agreement, the CC&OM Act provided for the Div 1 cartel offences and civil prohibitions to apply to corporations and ‘persons’. This occurs in the following ways: Corporations can be found guilty of committing an offence or breaching a civil ● prohibition contained in Div 1 of Pt IV. Individuals and bodies corporate can be held liable for committing a ‘mirror’ ● offence or breaching a civil prohibition in the Schedule of the TPA.
The overhaul was driven by a policy decision to criminalise serious forms of cartel conduct. However, in addition to the introduction of cartel offences, a new set of civil prohibitions was created, with associated changes to exceptions and penalty 1 See generally S Hammond, ‘The Evolution of Criminal Antitrust Enforcement Over the Last Two Decades’, Paper presented at the 24th Annual National Institute on White Collar Crime Conference, presented by the American Bar Association Criminal Justice Section and Center for Continuing Legal Education, Florida, 25 February 2010; International Competition Network, ‘Trends and Developments in Cartel Enforcement’, Paper presented at the 9th Annual ICN Conference, Istanbul, Turkey, 29 April 2010.
Australian Cartel Regulation: Law, Policy and Practice in an International Context by Caron Beaton-Wells