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ARTICLE · 22 SEPTEMBER 2008

Criminalising Cartels - Confusion Or Clarity?

The exposure draft of the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008 was distributed for comment by the Government earlier this year.

AustraliaAntitrust/Competition Law

Key Points

  • Submissions on the draft cartel bill highlight concern and confusion over the distinction to be drawn between criminal and civil conduct under the proposed Bill, and the impact on the ACCC's Immunity Policy.
  • Corporations doing business in Australia should be prepared to audit their operations for compliance when the new laws come into force.

"So long as you are only talking about money, the company can at the end of the day take care of me - when you talk about taking away my liberty, there is nothing that the company can do for me." - Graeme Samuel

The exposure draft of the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008 was distributed for comment by the Government earlier this year. The Government called for submissions on the draft legislation and while almost everybody seems to agree that serious cartel conduct needs to be criminalised, the differing views expressed in the submissions highlights divided opinion on

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