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The Politics of Cartel Criminalisation: A Pessimistic View from Australia


Caron Beaton-Wells


Melbourne Law School

May 18, 2009

European Competition Law Review (E.C.L.R), Vol. 29, No. 3, 2008
U of Melbourne Legal Studies Research Paper No. 394

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.

Number of Pages in PDF File: 16

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

JEL Classification: K14, K21, K40

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Date posted: May 20, 2009  

Suggested Citation

Beaton-Wells, Caron, The Politics of Cartel Criminalisation: A Pessimistic View from Australia (May 18, 2009). European Competition Law Review (E.C.L.R), Vol. 29, No. 3, 2008; U of Melbourne Legal Studies Research Paper No. 394. Available at SSRN: http://ssrn.com/abstract=1406322

Contact Information

Caron Y. Beaton Wells (Contact Author)
Melbourne Law School ( email )
Victoria, 3010
Australia
HOME PAGE: http://www.law.unimelb.edu.au/staff/Caron%20Beaton%2DWells
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