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ARTICLE · 12 MAY 2012

Cartel conduct and the construction industry

Norton Rose Fulbright Australia
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The ACCC has reminded executives within the construction industry of the potential sanctions for cartel conduct.

AustraliaAntitrust/Competition Law
Andrew Riordan
Andrew Riordan
Josh Buckland
Josh Buckland
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The Australian Competition and Consumer Commission (ACCC) has recently written to around 2,500 executives within the construction industry to remind them about the potential sanctions for cartel conduct. Further, on Saturday, 5 May 2012, the Chairman of the ACCC, Mr Rod Sims, announced that it "...currently ha[s] a number of important cartel investigations underway, including cartels that potentially involve criminal conduct."

These developments signal a clear need for participants in the construction industry to ensure that the following areas are well understood:

  • the laws prohibiting cartel conduct;
  • the civil and criminal penalty regimes; and
  • the mechanics of the ACCC's immunity policy for cartel conduct.

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