Deakin Speaking

Australia will soon join the US, the UK and a number of other countries in criminalising cartel behaviour.  The criminalisation of cartels is desirable.  The economic damage they cause is well documented and civil penalties, no matter the size, have failed to provide adequate deterrence.  But the consequences of criminalisation are serious and it is important to ‘get it right’.  While it took many years for Australia to introduce criminal cartel legislation, its passage through Parliament has been rushed with the consequence that the bill that has now passed is seriously flawed and likely to lead to considerable uncertainty.  The sudden urgency (grounded more in politics than good policy) was highlighted by Senator Coonan's acknowledgement that, despite the potential for the bil