Download Australian Cartel Regulation: Law, Policy and Practice in an by Caron Beaton-Wells PDF

By Caron Beaton-Wells

Cartel legislation is a main section of festival coverage and a necessary technique of minimising the hostile results of cartel job on monetary welfare. even if, potent cartel rules poses distinctive demanding situations for governments, pageant gurus and commentators around the globe. In Australian Cartel law, major festival legislations specialists Caron Beaton-Wells and Brent Fisse consider advancements in anti-cartel legislation in Australia during the last 30 years. they supply a entire account of the present legislations on cartels in addition to discussing key concerns which may come up sooner or later. This definitive quantity not just identifies the sensible and theoretical matters, but in addition recommends achievable options, and does so with the advantage of comparative research of the anti-cartel legislation of significant abroad jurisdictions. some of the matters pointed out and mentioned in Australian Cartel law are universal to any scheme designed to manage cartel behavior.

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8 JM Connor, Global Price Fixing: Our Customers Are the Enemy, Kluwer Academic, Boston, 2001. 9 C Harding, ‘Business Collusion as a Criminological Phenomenon: Exploring the Global Criminalisation of Cartels’, Critical Criminology, vol. 14, 2006, p. 181; A Ezrachi and J Kindle, ‘Cartels as Criminal? A Long Road from Unilateral Enforcement to International Consensus’, in C Beaton-Wells and A Ezrachi, Criminalising Cartels: Critical Studies of an International Regulatory Movement, Hart Publishing, Oxford, 2011, ch.

Chapter 10 explores the implications of a dual civil/criminal regime for immunity and cooperation policies. On a positive note, it highlights the significant concession that has been made by the CDPP in aligning the approach that it will take to immunity in cartel cases with that of the ACCC. However, it draws attention to the significant disadvantages facing private claimants for damages as a result of the introduction of the ‘protected cartel information’ scheme. In addition, the chapter makes recommendations for enhancing the approach taken to cooperation under the ACCC Cooperation Policy.

40 Commonwealth, Parliamentary Debates, House of Representatives, 3 December 2008, p. 12 309, C Bowen, Minister for Competition Policy and Consumer Affairs, and Assistant Treasurer. 41 Parliament of Australia, Senate Economics Committee, Inquiry into the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008. 18]. 16]. 44 For criticism of the committee’s report: see J Clarke, ‘Review Misses Bill’s Key Point’, Australian Financial Review, 21 April 2009, p. 26; I Wylie, ‘Cartel Output Restrictions – Construction and Common Sense Collide and Particularity of “Persons” under the Trade Practices Act 1974’, Australian Business Law Review, vol.

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