1. Introduction; 2. The legal framework governing cartel conduct; 3. Collusion (contracts, arrangements and understandings); 4. Cartel and other provisions; 5. Fault elements of the cartel offences; 6. Individual liability; 7. Corporate liability; 8. Exceptions; 9. Enforcement policy; 10. Immunity and cooperation policies; 11. Sanctions; 12. Compliance and liability control; 13. Conclusion.
Reflects on developments in trade practices law in Australia over the last 30 years.
Caron Beaton-Wells is Associate Professor, Faculty of Law, University of Melbourne. Brent Fisse is Principal, Brent Fisse Lawyers, and Adjunct Professor of Law, University of Sydney.
'The book is both academic and practical. It aims to appeal to a
wide audience: lawyers, enforcement agencies, legislators and law
reform agencies, industry associations, economists, compliance
professionals, researchers and university students, and will
undoubtedly succeed in attracting such a diverse audience. … it has
avoided the pitfall of trying to cater for too many different
interests, and its content, structure and internal navigational
aids will ensure that it will be a valuable, informative, educative
and practical reference book across that wide-ranging audience.'
The Australian Business Law Review
'The aims of the book have been thoroughly achieved. The authors
have produced by far the most comprehensive examination of
Australia's cartel laws either before or post the criminal regime
implemented in 2009. There is no doubt that it will become, as The
Hon Peter Heerey QC predicts in his forward, an 'indispensable'
resource for those with a desire or need to understand Australia's
cartel laws.' Competition and Consumer Law Journal
'Both the analytical and comparative coverage is somewhat deeper
than the equivalent books on UK cartel law … this excellent book is
of more than academic interest in this hemisphere. An EU or US
practitioner will find it of considerable use in locating relevant
jurisprudence on equivalent practices down under as well as
understanding the different statutory context.' European
Competition Law Review
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