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

89 Pages Posted: 16 Jul 2009 Last revised: 17 Mar 2010

Caron Beaton-Wells

Melbourne Law School

Brent Fisse

The University of Sydney Law School

Date Written: August 2, 2008

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

Suggested Citation

Beaton-Wells, Caron and Fisse, Brent, The Australian Criminal Cartel Regime: A Model for New Zealand? (August 2, 2008). U of Melbourne Legal Studies Research Paper No. 413. Available at SSRN: https://ssrn.com/abstract=1433606 or http://dx.doi.org/10.2139/ssrn.1433606

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

Brent Fisse

The University of Sydney Law School ( email )

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

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