Now Businesses Should Assess Their Exposure In Australia

In a series of developments, the Australian Competition regulator (the ACCC) has cemented its reputation as an aggressive regulator of the competition laws. In just the last few weeks, the ACCC has obtained tens of millions of dollars in penalties for violations of the Australian competition statute. It also has succeeded in its appeal against two members of an international air freight price fixing cartel. The ACCC has long had extensive powers to investigate and punish infractions of the competition statute, but the agency now is demonstrating its intent to use these powers, and companies found to have been in breach are paying handsomely.

The ACCC announced its enforcement priorities for 2016: "deterring cartel conduct continues to be a major focus for the ACCC," and "place priority on conduct and practices that are likely to substantially lessen competition." The ACCC has 20 open investigations into collusion and about that many open investigations into