Australian Cartel Regulation: Law, Policy and Practice in an International Context

by Caron Beaton-Wells , Brent Fisse

• ISBN13: 9780521760898
• ISBN10: 0521760895
• Format: Hardcover
• Copyright: 2011-04-25
• Publisher: Cambridge University Press

Summary

A fundamental element of competition policy, cartel regulation is crucial in minimising the adverse effects of cartel activity on economic welfare. Yet the implementation of 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 trade practices law in Australia over the last 30 years. They provide a comprehensive account of the current law 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.

Table of Contents

Introduction

The legal framework governing cartel conduct

Collusion (contracts, arrangements and understandings)

Cartel and other provisions

Fault elements of the cartel offences

Individual liability

Corporate liability

Exceptions

Enforcement policy

Immunity and cooperation policies

Sanctions

Compliance and liability control

Conclusion

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