Anti-Cartel Legislation Commenced 24 July 2009

The anti-cartel legislation that we described in our ealert of 23 June 2009 has now commenced operation and the ACCC has issued guidelines as to how it will approach the prosecution of cartels. The ACCC has also signed an MOU with the Commonwealth Director of Public Prosecutions (CDPP) as to how the two agencies propose to work together in prosecutions. Whilst the ACCC has said it will take the view that serious cartel conduct will warrant criminal prosecution rather than the imposition of civil penalties, it has not sought to define what it means by this, to the contrary, advising us that:

"Lawyers who concern themselves with trying to second-guess the ACCC about the line between the possibility of a gaol term or civil penalty are missing the point.