Administrative Law

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

By Caron Beaton-Wells

Cartel rules is a major component of festival coverage and a vital technique of minimising the opposed results of cartel job on monetary welfare. despite the fact that, powerful cartel rules poses special demanding situations for governments, pageant professionals and commentators around the globe. In Australian Cartel law, major pageant legislations specialists Caron Beaton-Wells and Brent Fisse think about advancements in anti-cartel legislations in Australia during the last 30 years. they supply a complete account of the present legislation on cartels in addition to discussing key matters that can come up sooner or later. This definitive quantity not just identifies the sensible and theoretical matters, but in addition recommends possible ideas, and does so with the advantage of comparative research of the anti-cartel legislation of significant in another country jurisdictions. a few of the concerns pointed out and mentioned in Australian Cartel legislation are universal to any scheme designed to control cartel behavior.

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3. 16 Trade Practices Committee of Review, Review of the Competition Provisions of the Trade Practices Act, January 2003 (16 April 2003), pp. 161–2. 17 P Costello, Treasurer, Commonwealth Government Response to the Review of the Competition Provisions of the Trade Practices Act 1974, 2003. 18 See further C Beaton-Wells, ‘The Politics of Cartel Criminalisation: A Pessimistic View from Australia’, European Competition Law Review, vol. 3, 2008, p. 185. 19 P Costello, Treasurer, ‘Working Party to Examine Criminal Sanctions for Cartel Behaviour’, Press Release, 3 October 2003, Treasury.

3. 10 THE LEGAL FRAMEWORK GOVERNING CARTEL CONDUCT or arrangement or arriving at an understanding containing a provision or giving effect to a provision in a contract, arrangement or understanding. Prior to 2009, the structure of the cartel prohibitions was relatively simple. Section 45(2) of the TPA contained civil per se prohibitions concerned with two types of provision: price fixing provisions and exclusionary provisions, with a default prohibition relating to provisions that have the purpose, effect or likely effect of substantially lessening competition.

5 of the Code. Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 5 deals with corporate criminal responsibility. 2. 10 See Chapter 6 (Individual Liability for Cartel Conduct), Chapter 7 (Corporate Liability) and Chapter 11 (Sanctions). 13. 2. 4. 3 Coverage of the statutory regime This section deals with the coverage of the statutory regime governing cartel conduct in Australia, in terms of the different types of entities to which it applies, its territorial reach and the time periods during which the regime may apply to proscribed conduct.

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