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

by Caron Beaton-Wells, Brent Fisse

Overview

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.

Product Details

ISBN-13:	9781139124270
Publisher:	Cambridge University Press
Publication date:	04/25/2011
Sold by:	Barnes & Noble
Format:	eBook
File size:	1 MB

About the Author

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.

Table of Contents

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.

Editorial Reviews

'The book is both academic and practical. It aims to appeal to a wide audience: lawyers, enforcement agencies, legislators and law reform agencies, industry associations, economists, compliance professionals, researchers and university students, and will undoubtedly succeed in attracting such a diverse audience. … it has avoided the pitfall of trying to cater for too many different interests, and its content, structure and internal navigational aids will ensure that it will be a valuable, informative, educative and practical reference book across that wide-ranging audience.' The Australian Business Law Review

'The aims of the book have been thoroughly achieved. The authors have produced by far the most comprehensive examination of Australia's cartel laws either before or post the criminal regime implemented in 2009. There is no doubt that it will become, as The Hon Peter Heerey QC predicts in his forward, an 'indispensable' resource for those with a desire or need to understand Australia's cartel laws.' Competition and Consumer Law Journal

'Both the analytical and comparative coverage is somewhat deeper than the equivalent books on UK cartel law … this excellent book is of more than academic interest in this hemisphere. An EU or US practitioner will find it of considerable use in locating relevant jurisprudence on equivalent practices down under as well as understanding the different statutory context.' European Competition Law Review

From the Publisher