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ARTICLE · 04 NOVEMBER 2008

New Legislation Gets Tough On Cartels

Cooper Grace Ward
Cooper Grace Ward
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Last week, the federal Government unveiled the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008, and with it signalled a renewed focus on tackling cartel behaviour in corporate Australia.

AustraliaAntitrust/Competition Law
David Grace
David Grace
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Last week, the federal Government unveiled the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008, and with it signalled a renewed focus on tackling cartel behaviour in corporate Australia.

What is cartel behaviour?

At its broadest point, a cartel is any arrangement between two or more businesses which has the effect of lessening competition in the marketplace. Common examples include:

  • Price fixing;
  • Market sharing;
  • Bid rigging; and
  • Controlling market output.

Cartel behaviour distorts economic markets through artificial price manipulation, choice reduction and the weakening of ordinary competitive processes.

Zero tolerance

On releasing the new Bill, the Assistant Treasurer and Minister for Competition Policy and Consumer Affairs Chris Bowen commented:

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