The Politics of Cartel Criminalisation: A Pessimistic View from Australia

Abstract:     
A global movement towards a tougher stance against serious cartel conduct has seen several countries examine whether or not to criminalise this type of behaviour in recent years. This article argues that in both making the decision to criminalise and in implementing and enforcing a criminal cartel regime political support is essential. The article uses the Australian experience to make this point. It highlights delay, obfuscation and incoherence in the approach taken between 2003 and 2008 by the conservative Australian government to in deciding whether or not to criminalise serious cartel conduct to illustrate the consequences of weakness or ambivalence in political attitudes towards criminalisation.

Keywords: antitrust, cartels, regulation, competition law, criminal law, convergence, globalisation

JEL Classifications: K14, K21, K40

Accepted Paper Series