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The desirability of criminal penalties for breaches of part IV of the trade practices act

Clarke, Julie and Bagaric, Mirko 2003, The desirability of criminal penalties for breaches of part IV of the trade practices act, Australian business law review, vol. 31, no. 3, pp. 191-210.

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Title The desirability of criminal penalties for breaches of part IV of the trade practices act
Author(s) Clarke, Julie
Bagaric, Mirko
Journal name Australian business law review
Volume number 31
Issue number 3
Start page 191
End page 210
Publisher Lawbook Co.
Place of publication North Ryde, N.S.W.
Publication date 2003-06
ISSN 0310-1053
Keyword(s) international trade
legislation
fines and penalties
enforcements
Summary Following the introduction of criminal sanction, including jail terms, for hard core cartelisation in the United Kingdom, the Dawson Review has recently recommended that criminal penalties be introduced in Australia for individuals and corporations found to have engaged in hard core cartels. A number of reasons have been advanced to justify the introduction of criminal sanctions for this type of conduct, the most common of which are that it would bring Australia in line with other competition regimes and that criminal sanctions are more likely to provide an effective deterrent. This article evaluates those reasons, and others, to determine whether there is any adequate justification for the proposed criminal regime.
Notes Reproduced with the specific permission of the copyright owner.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2003, Lawbook Co.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001965

Document type: Journal Article
Collections: School of Law
Higher Education Research Group
Open Access Collection
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