The Deterrent Impact of Cartel Criminalisation: Supplementary Report on a Survey of Australian Public Opinion Regarding Business People's Views on Anti-Cartel Laws and Enforcement

The University of Melbourne Cartel Project, Melbourne Law School

Monash University Faculty of Law Legal Studies Research Paper No. 2012/73

46 Pages Posted: 24 Mar 2012 Last revised: 20 Feb 2014

Christine Parker

Melbourne Law School, University of Melbourne

Chris Platania-Phung

University of Melbourne

Date Written: January 12, 2012

Abstract

In July 2009 the Australian Parliament passed legislation criminalising cartel conduct and introducing jail penalties for individuals who engage in cartel behaviour. The rhetoric justifying criminalisation assumes that compliance can be induced through the mechanism of deterrence. This in turn assumes that business people know about the law, and that they believe they are likely to be caught and face enforcement action and jail if they break the law. This paper reports evidence on these issues from a survey of 567 Australian business people whose role makes compliance with anti-cartel law salient.

Keywords: cartel, criminalising, Australia, deterrence, business people, enforcement, survey, public opinion

JEL Classification: K40, K42, K20, K10

Suggested Citation

Parker, Christine and Platania-Phung, Chris, The Deterrent Impact of Cartel Criminalisation: Supplementary Report on a Survey of Australian Public Opinion Regarding Business People's Views on Anti-Cartel Laws and Enforcement (January 12, 2012). The University of Melbourne Cartel Project, Melbourne Law School; Monash University Faculty of Law Legal Studies Research Paper No. 2012/73. Available at SSRN: https://ssrn.com/abstract=2026725

Christine Parker (Contact Author)

Melbourne Law School, University of Melbourne

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://law.unimelb.edu.au/about/staff/christine-parker

Chris Platania-Phung

University of Melbourne ( email )

185 Pelham Street, Carlton, Victoria 3053
Melbourne, Victoria 3010
Australia

Paper statistics

Downloads
136
Rank
174,770
Abstract Views
700