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

Competition and Consumer Law Journal, Vol 16, 2008

U of Melbourne Legal Studies Research Paper No. 403

44 Pages Posted: 10 Jun 2009  

Caron Beaton-Wells

Melbourne Law School

Date Written: June 10, 2009

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.

Keywords: ACCC, cartel conduct, criminal law

JEL Classification: K00, K14, K21

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: https://ssrn.com/abstract=1417123

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

Paper statistics

Downloads
176
Rank
139,550
Abstract Views
879