139 Pages Posted: 16 Jul 2009
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 The overall picture is one of complexity, ill-designed or outdated legislative provisions, uncertainty about the ultimate form of the cartel criminalisation legislation, and indeterminacy as to the sentences that will be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: 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: https://ssrn.com/abstract=1433596 or http://dx.doi.org/10.2139/ssrn.1433596