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Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 1)


Caron Beaton-Wells


Melbourne Law School

June 10, 2009

Competition and Consumer Law Journal, Vol 16, 2008
U of Melbourne Legal Studies Research Paper No. 403

Abstract:     
For the ACCC there are “forks in the road” in deciding how to deal with the interaction between its highly acclaimed Immunity Policy for Cartel Conduct and (1) the criminalisation of serious cartel conduct; (2) the rise in private enforcement and damages claims in relation to cartel conduct; (3) the increased significance of cartel case settlement or, in the criminal context, plea negotiation; and (4) the potential strategy of offering alternative financial rewards for cartel information. In relation to each of these, this article (published in two parts) explores the issues involved; the ACCC’s current proposals for dealing with them (to the extent any such proposals exist); overseas models for tackling the issues; and the way forward in meeting the challenges and/or harnessing the opportunities presented. Part 1 deals with criminalisation and private enforcement. Part 2 of the article will deal with settlements and alternative rewards.

Number of Pages in PDF File: 44

Keywords: ACCC, cartel conduct, criminal law

JEL Classification: K00, K14, K21

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Date posted: June 10, 2009  

Suggested Citation

Beaton-Wells, Caron, Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 1) (June 10, 2009). Competition and Consumer Law Journal, Vol 16, 2008; U of Melbourne Legal Studies Research Paper No. 403. Available at SSRN: http://ssrn.com/abstract=1417123

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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