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ARTICLE · 21 NOVEMBER 2008

Anti-Cartel Laws

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In its attempt to tighten up cartel conduct, the Australian Government has released the final draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008. Has it gone too far?

AustraliaAntitrust/Competition Law
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In its attempt to tighten up cartel conduct, the Australian Government has released the final draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008. Has it gone too far?

On 27 October, Hon Chris Bowen MP released a revised draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 ("Bill"). The Bill proposes to create two new criminal offences and two new civil cartel offences in Part IV of the Trade Practices Act 1974 (Cth) ("TPA"). The proposed offences extend well beyond the current prohibitions on price-fixing and exclusionary arrangements, resulting in significant changes to Part IV of the TPA.

Individuals convicted of a cartel offence can now face a maximum sentence of ten years imprisonment and a fine of up to $220,000. It is anticipated that the Bill will be introduced into Parliament at the end of the year.

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