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Criminal Cartels: Individual Liability and Sentencing

Caron Beaton-Wells

Melbourne Law School

Brent Fisse

University of Sydney - Faculty of Law

June 2009

U of Melbourne Legal Studies Research Paper No. 415

The liability rules and sentencing system that will apply to individual offenders under Australia's new criminal cartel regime are among the more important areas of cartel criminalisation that warrant scrutiny. Their importance is underscored by the risk of exposure to jail and the extensive array of investigative powers available to enforcement agencies. This paper reviews in detail the liability and sentencing rules that will apply to individuals under the Australian regime. It concludes those rules are neither simple nor satisfactory. The overall picture is one of complexity, ill-designed or outdated legislative provisions, uncertainty about the ultimate form of the cartel criminalisation legislation, and indeterminacy as to the sentences that will be imposed on cartel offenders.

Number of Pages in PDF File: 139

Keywords: criminal law, cartel conduct, antitrust law

JEL Classification: K00, K14, K21, K49

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Date posted: July 16, 2009  

Suggested Citation

Beaton-Wells, Caron and Fisse, Brent, Criminal Cartels: Individual Liability and Sentencing (June 2009). U of Melbourne Legal Studies Research Paper No. 415. Available at SSRN: http://ssrn.com/abstract=1433596 or http://dx.doi.org/10.2139/ssrn.1433596

Contact Information

Caron Y. Beaton Wells (Contact Author)
Melbourne Law School ( email )
University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
HOME PAGE: http://www.law.unimelb.edu.au/staff/Caron%20Beaton%2DWells
Brent Fisse
University of Sydney - Faculty of Law ( email )
New Law Building, F10
The University of Sydney
Sydney, NSW 2006

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