The Politics of Cartel Criminalisation: A Pessimistic View from Australia

European Competition Law Review (E.C.L.R), Vol. 29, No. 3, 2008

U of Melbourne Legal Studies Research Paper No. 394

16 Pages Posted: 20 May 2009  

Caron Beaton-Wells

Melbourne Law School

Date Written: May 18, 2009

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 Classification: K14, K21, K40

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: https://ssrn.com/abstract=1406322

Caron Y. Beaton Wells (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://www.law.unimelb.edu.au/staff/Caron%20Beaton%2DWells

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