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ARTICLE · 17 FEBRUARY 2008

Cartel Conduct To Be A Criminal Offence In Australia

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On 11 January 2008 the Australian Government released for public comment a draft Bill in which it proposes to amend the Trade Practices Act 1974 by introducing two criminal offences relating to cartel conduct.

AustraliaAntitrust/Competition Law
Graham Maher
Graham Maher

Introduction

On 11 January 2008 the Australian Government released for public comment a draft Bill (Bill) in which it proposes to amend the Trade Practices Act 1974 (Act) by introducing two criminal offences relating to cartel conduct. One aspect of the proposed amendments includes a broadening of the extraterritorial application of the Act which will make the accessorial liability provisions applicable to conduct engaged in wholly outside Australia, but which has an effect in an Australian market.

Along with the Bill the Government released a Discussion Paper, which among other matters calls for public comment on the appropriate means of distinguishing the proposed criminal offences from civil prohibitions, and a draft Memorandum of Understanding (MOU) between the Commonwealth Director of Prosecutions and the Australian Competition and Consumer Commission which sets out their proposed

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