International Law

Discussion paper and draft legislation on Criminal Penalties for Serious Cartel Conduct

The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, Chris Bowen has released a discussion paper in relation to the Government?s commitment to implement criminal penalties for serious cartel conduct.

Cartel conduct refers to contracts, arrangements or understandings between competitors to fix prices, share markets, control output or rig bids.

Attached to the discussion paper is an exposure draft of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (the Bill), including the proposed new criminal offences and revised civil prohibitions, amendments relating to the investigation and prosecution of the new offences, and associated amendments.

The discussion paper also seeks input on two specific issues:

• how to distinguish the criminal prohibitions from the civil prohibitions; and
• whether telephone interception warrants should be available in relation to the new criminal cartel offences.

Submissions close on 29 February 2008.

Full post as published by Australian Regulatory Compliance Review on January 10, 2008 (boomark / email).