By Caron Beaton-Wells

Cartel rules is a chief component to festival coverage and a vital technique of minimising the hostile results of cartel job on fiscal welfare. even though, powerful cartel rules poses designated demanding situations for governments, festival professionals and commentators around the globe. In Australian Cartel law, major pageant legislation specialists Caron Beaton-Wells and Brent Fisse ponder advancements in anti-cartel legislation in Australia over the past 30 years. they supply a finished account of the present legislations on cartels in addition to discussing key concerns which may come up sooner or later. This definitive quantity not just identifies the sensible and theoretical concerns, but in addition recommends viable recommendations, and does so with the advantage of comparative research of the anti-cartel legislation of significant out of the country jurisdictions. a few of the concerns pointed out and mentioned in Australian Cartel legislation are universal to any scheme designed to control cartel behavior.

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32 See Treasury, Criminal Penalties for Serious Cartel Conduct, Discussion Paper, 11 January 2008, pp. 3–6. 33 The submissions are available at Treasury, Submissions: Criminal Penalties for Serious Cartel Conduct – Draft Legislation, 11 January 2008. 34 For a detailed critique of the issues, see C Beaton-Wells and B Fisse, ‘Criminalising Serious Cartel Conduct: Issues of Law and Policy’, Australian Business Law Review, vol. 36, 2008, p. 166. 36 The ACCC would have telecommunications interception powers, and the proposed maximum jail term was increased from five to 10 years.

This legislation raises a host of legal and practical issues that are beyond the scope of this book. They were canvassed in the submissions to and report by the Senate Standing Committee on Legal and Constitutional Affairs on the Bill: see Parliament of Australia, Senate, Senate Legal and Constitutional Affairs Committee, Inquiry into the Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008, March 2009, Senate Legal and Constitutional Affairs Committee. 3 The reasons for this are complex and beyond the scope of this book.

The overhaul was driven by a policy decision to criminalise serious forms of cartel conduct. However, in addition to the introduction of cartel offences, a new set of civil prohibitions was created, with associated changes to exceptions and penalty 1 See generally S Hammond, ‘The Evolution of Criminal Antitrust Enforcement Over the Last Two Decades’, Paper presented at the 24th Annual National Institute on White Collar Crime Conference, presented by the American Bar Association Criminal Justice Section and Center for Continuing Legal Education, Florida, 25 February 2010; International Competition Network, ‘Trends and Developments in Cartel Enforcement’, Paper presented at the 9th Annual ICN Conference, Istanbul, Turkey, 29 April 2010.

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