Making Cartel Conduct Criminal: A Case-Study of Ambiguity in Controlling Business Behaviour

Australian and New Zealand Journal of Criminology, Vol. 42, No. 2, 2009

U of Melbourne Legal Studies Research Paper No. 492

31 Pages Posted: 31 Aug 2010

See all articles by Caron Beaton-Wells

Caron Beaton-Wells

Melbourne Law School

Fiona Haines

University of Melbourne School of Social and Political Sciences; Australian National University (ANU)

Date Written: August 30, 2010

Abstract

This article explores the regulation of cartel conduct in Australia focusing, in particular, on the recent decision to criminalise so-called ‘hard-core’ cartels. It illuminates three interdependent ambiguities in regulating such conduct: economic, moral and legal. The case study is drawn on to highlight the challenges for the criminal law in attempting to resolve such ambiguities or tensions as they arise in the regulation of business behaviour generally. We argue that such challenges exist because the ambiguities reflect broader shifts taking place on an ongoing basis in economic policy, political ideology and social norms in Australian society

Keywords: cartel conduct, Australia, criminal law

JEL Classification: K00, K14, K42

Suggested Citation

Beaton Wells, Caron Y. and Haines, Fiona, Making Cartel Conduct Criminal: A Case-Study of Ambiguity in Controlling Business Behaviour (August 30, 2010). Australian and New Zealand Journal of Criminology, Vol. 42, No. 2, 2009, U of Melbourne Legal Studies Research Paper No. 492, Available at SSRN: https://ssrn.com/abstract=1669003

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

Fiona Haines

University of Melbourne School of Social and Political Sciences ( email )

Level 4, John Medley Building
Melbourne, VIC 3010
Australia

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601
Australia

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