Pecuniary penalties for breaches of Australian competition law expected to increase

While Australia's competition law system is highly advanced and accords with international practice, it has some differences with other comparable jurisdictions. One notable difference is the method for applying sanctions.

In most jurisdictions, pecuniary penalties are set by reference to a detailed and publically available methodology that focuses on the size of the infringing company, the economic impact of the company's conduct and the seriousness and duration of the infringement. In contrast, pecuniary penalties in Australia are determined by the court exercising a discretionary judgment, which synthesises all factors and principles relevant to a particular case in a process of "instinctive synthesis".