The Australian Criminal Cartel Regime: A Model for New Zealand?

Abstract

In January 2008 the Australia government released exposure draft materials relating to the criminalisation of cartel conduct for public comment. This paper reviews the Exposure Draft Materials in relation to the definition of cartel offences and the formulation of enforcement policy, including immunity/leniency and cooperation policies; highlights preferable possible approaches and the lessons that emerge from other overseas models; and canvasses what appear to be the main possible implications for a criminal cartel regime in New Zealand if New Zealand decides to develop such a regime.

Keywords: Criminal Law, Cartel Conduct

JEL Classification: K00, K14, K21