Australian Cartel Regulation

Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges f... Les mer

Australian Cartel Regulation

Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.

1. Introduction; 2. The legal framework governing cartel conduct; 3. Collusion (contracts, arrangements and understandings); 4. Cartel and other provisions; 5. Fault elements of the cartel offences; 6. Individual liability; 7. Corporate liability; 8. Exceptions; 9. Enforcement policy; 10. Immunity and cooperation policies; 11. Sanctions; 12. Compliance and liability control; 13. Conclusion.

Caron Beaton-Wells is Associate Professor, Faculty of Law, University of Melbourne. Brent Fisse is Principal, Brent Fisse Lawyers, and Adjunct Professor of Law, University of Sydney. Lukk