Criminal Cartels: Individual Liability and Sentencing

139 Pages Posted: 16 Jul 2009

See all articles by Caron Beaton-Wells

Caron Beaton-Wells

Melbourne Law School

Brent Fisse

The University of Sydney - Faculty of Law

Date Written: June 2009


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 The overall picture is one of complexity, ill-designed or outdated legislative provisions, uncertainty about the ultimate form of the cartel criminalisation legislation, and indeterminacy as to the sentences that will be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.

Keywords: criminal law, cartel conduct, antitrust law

JEL Classification: K00, K14, K21, K49

Suggested Citation

Beaton Wells, Caron Y. and Fisse, Brent, Criminal Cartels: Individual Liability and Sentencing (June 2009). U of Melbourne Legal Studies Research Paper No. 415, Available at SSRN: or

Caron Y. Beaton Wells (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010


Brent Fisse

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006

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