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

Reflects on developments in trade practices law in Australia over the last 30 years.

Caron Beaton-Wells (Author), Brent Fisse (Author)

9780521760898, Cambridge University Press

Hardback, published 14 February 2011

650 pages
25.4 x 18.2 x 3.8 cm, 1.31 kg

'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

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.

Subject Areas: Competition law / Antitrust law [LNCH], Company, commercial & competition law [LNC], Arbitration, mediation & alternative dispute resolution [LNAC5], Civil procedure, litigation & dispute resolution [LNAC], Settlement of international disputes [LBH]