Cartels, Criminal Penalties and the Immunity Policy

Seminar participants from left to right are:
Mark Pearson, ACCC's Executive General Manager, Enforcement and Compliance Division
Assoc Prof Anthony Forsyth, Director, WCLRG
Michelle Welsh, Deputy Director, WCLRG
Professor Owen Hughes, Acting Dean, Faculty of Business & Economics, Monash University

Despite its strong stance, Australia has fallen behind some of its major trading partners in its pursuit of cartels. Unlike countries such as the United States, Canada and the United Kingdom, we do not have the power to send the worst cartel offenders to jail. In a world where major cartels often cross national borders, countries that do not have strong laws risk being seen as a soft target. Mark Pearson, Executive General Manager of ACCC, led an exciting seminar on:

• the proposed strengthening of the Trade Practices Act - the introduction of criminal sanctions for cartel activity
• the ACCC's Immunity Policy and its application to date
• the regulator's interaction with the Commonwealth DPP
• the importance of maintaining the integrity of investigation processes

WCLRG is a research concentration in the Department of Business Law & Taxation at Monash University. It has been in operation since March 2008, having previously operated as the Corporate Law and Accountability Research Group (CLARG). Further details are available at: www.buseco.monash.edu.au/blt/clarg/; or contact WCLRG’s Director,
Dr Anthony Forsyth, at Anthony.Forsyth@buseco.monash.edu.au.