Criminal Cartels: Individual Liability and Sentencing
Melbourne Law School
University of Sydney - Faculty of Law
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 The overall picture is one of complexity, ill-designed or outdated legislative provisions, uncertainty about the ultimate form of the cartel criminalisation legislation, and indeterminacy as to the sentences that will be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
Date posted: July 16, 2009
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