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ARTICLE · 29 JUNE 2009

Are You Ready For The New Cartel Act?

Clayton Utz
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The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 has now been passed by Federal Parliament and will introduce significant changes to trade practices law in Australia.

AustraliaAntitrust/Competition Law
Michael Corrigan
Michael Corrigan
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The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 has now been passed by Federal Parliament and will introduce significant changes to trade practices law in Australia. In this Alert, we look at the things that you should do to ensure you do not break the law and are ready for the new criminal regime. This includes the ACCC's expanded investigatory powers, and immunity for cartel whistleblowers.

The Act introduces:

  • new criminal cartel offences, with 10 year jail terms, for cartel conduct such as price fixing, market sharing, and bid rigging, where the conduct is carried out with "knowledge or belief" that it involves cartel conduct, and
  • two new civil offences for making or giving effect to a contract, arrangement or understanding with a competitor which either:

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