Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, June 25, 2009

The Cartel Offences: An Elemental Pathology

Posted by D. Daniel Sokol

Caron Beaton-Wells and Brent Fisse (both University of Melbourne Law School) have posted The Cartel Offences: An Elemental Pathology.

ABSTRACT: The main purpose of this paper is to review the requirement of a contract, arrangement or understanding, including the amendments proposed by the Australian Competition and Consumer Commission (ACCC) to the meaning of ‘understanding’ (section 3) and the fault elements of the new cartel offences (section 4). We do not attempt here to provide a detailed analysis of the definition of a ‘cartel provision’ in s 44ZZRD. The main problems likely to be occasioned by s 44ZZRD have been discussed elsewhere and are summarised in section 2 of the paper. Examples of the problems of over-reach and uncertainty precipitated by s 44ZZRD are set out in Attachment 1 should those problems arise for discussion at the workshop.

Download Beaton-Wells & Fisse LCAFCA Paper 4 April 2009

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