Australian Cartel Regulation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Australian Cartel Regulation PDF full book. Access full book title Australian Cartel Regulation by Caron Beaton-Wells. Download full books in PDF and EPUB format.
Author: Caron Beaton-Wells
Publisher: Cambridge University Press
ISBN: 113949645X
Category : Law
Languages : en
Pages : 651
Get Book Here
Book Description
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Author: Caron Beaton-Wells
Publisher: Cambridge University Press
ISBN: 113949645X
Category : Law
Languages : en
Pages : 651
Get Book Here
Book Description
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Author: Dilan Thampapillai
Publisher: Cambridge University Press
ISBN: 1108728499
Category : Law
Languages : en
Pages : 617
Get Book Here
Book Description
Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.
Author: Stephen G. Corones
Publisher:
ISBN: 9780455227627
Category : Antitrust law
Languages : en
Pages : 939
Get Book Here
Book Description
Competition Law in Australia, 5th Edition provides a comprehensive discussion of the issues pertaining to the regulation of competition in Australia. Covering two broad areas of the Trade Practices Act - the substantive prohibitions regulating anti-competitive conduct, and access to infrastructure services -this new edition is an essential reference for anyone studying or working in this area. This edition takes account of three significant amending Acts. The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) which took effect on 24 July 2009, brought about a fundamental change in the way that serious cartel conduct is regulated in Australia. It created four new per se prohibitions, two cartel offences and two parallel civil prohibitions. The Trade Practices Amendment Act 2008 (Cth) inserted a new s 46(6A) to clarify the meaning of the taking advantage element of s 46(1). The Trade Practices Amendment Act (No1)2007 (Cth) inserted a new provision, s 46(1AA) which prohibits corporations with a substantial market share pricing below 'relevant' cost for a 'sustained period'. Apart from these legislative changes, there have been four significant High court decisions since the previous edition, namely Baxter Healthcare (derivative governmental immunity), East Australian Pipeline (gas pipeline access pricing), Telstra (telecommunications access regime), and BHP Billiton (rail access). Because of the significance of the criminalisation of cartel conduct, this edition also considers the civil and criminal penalties that can be imposed for contraventions of Pt IV Div 1 and other orders that the ACCC or CDPP may seek from a court in criminal proceedings, such as disqualification orders, non-punitive orders and other orders. It explains the ACCC's Approach to Cartel Investigations (July 2009), the Memorandum of Understanding between CDPP and ACCC (July 2009), and the Prosecution Policy of the Commonwealth (November 2008). It also considers the ACCC's Immunity Policy for Cartel Conduct (July 2009).
Author: Alex Bruce
Publisher: Butterworth-Heinemann
ISBN: 9780409322552
Category : Antitrust law
Languages : en
Pages : 308
Get Book Here
Book Description
This new textbook provides an engaging treatment of Australian competition law and is ideal for those studying the subject for the first time. Written in an explanatory and lively style, the text fosters a sound understanding of the legal principles of competition law in Australia and demystifies the economic concepts underpinning the law. The work focuses on the contemporary situation, including the recently enacted criminal and civil regime governing cartel conduct, and also explains the historical context using analogies from popular culture.
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
ISBN: 1847318134
Category : Law
Languages : en
Pages : 750
Get Book Here
Book Description
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Author: Susanna Fellman
Publisher: Routledge
ISBN: 131769399X
Category : Business & Economics
Languages : en
Pages : 223
Get Book Here
Book Description
Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called ‘cartel registers’ to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries’ registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.
Author: Lynden Griggs
Publisher: Kluwer Law International B.V.
ISBN: 9403522739
Category : Law
Languages : en
Pages : 192
Get Book Here
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Australia covers every aspect of the subject the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Author: Michael Legg
Publisher:
ISBN: 9780455229508
Category : Actions and defenses
Languages : en
Pages : 263
Get Book Here
Book Description
While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated entity, and a consequential impact on industry, government and the public. REGULATION, LITIGATION AND ENFORCEMENT examines the procedural aspects of litigation in the regulatory context from the perspective of theory, policy and practice. It considers litigation issues common to all regulatory schemes, such as investigation and information gathering powers, and criminal law aspects of regulatory litigation. The different regulatory regimes are considered together so that they can be compared and contrasted. REGULATION, LITIGATION AND ENFORCEMENT reviews the need for regulation, forms of regulation and techniques of regulation. Pre-litigation steps are covered; coercive investigatory powers examined; and the limitations imposed by privilege discussed.
Author:
Publisher:
ISBN:
Category : Cartels
Languages : en
Pages : 362
Get Book Here
Book Description
There is no reliable empirical evidence of public opinion in Australia in relation to cartel conduct or associated topics. The Cartel Project survey was designed with a view to collecting empirical evidence on a range of aspects of public opinion concerning cartel criminalisation. Amongst the Australian public, there is substantial majority support for the view that cartel conduct is unacceptable in the sense that it should be against the law. However, less than a majority support the view that cartel conduct should be a criminal offence and less than a quarter support the view that individuals should be jailed for it.
Author: Luke Nottage
Publisher: Cambridge University Press
ISBN: 1108725821
Category : Law
Languages : en
Pages : 489
Get Book Here
Book Description
The first Western-language research monograph detailing significant developments in consumer law and policy across Southeast Asia. Eight chapters examine consumer law topics within ASEAN member states such as product safety and consumer contracts as well as financial and health services, plus the interface with competition law.