The 8th Annual Baxt Lecture: Wednesday 21 June

Free Public Lecture

The 8th Annual Baxt Lecture: Wednesday 21 June

Woodward Conference Centre
Law
185 Pelham Street

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T: 0390353068

law-clen@unimelb.edu.au

The 8th Annual Baxt Lecture on Wednesday 21 June 2017 will be presented by Judge Douglas Ginsburg, who will address the topic of Designing Cartel Sanctions: A Continuing Debate.

Questions regarding the most appropriate and most effective sanctions for cartel conduct continue to engage the minds of competition authorities and commentators worldwide. Corporate fines remain the sanction of choice for most authorities and in the United States and Europe at least, fining levels continue to spiral in the search for optimal deterrence. This lecture will challenge the conventional wisdom of ever-increasing corporate fines to solve the problem of under-deterrence. It will propose two guiding principles in the determination of the optimal sanctions for so-called hard core cartels : first, that the total sanction be great enough, but no greater than necessary, to take the profit out of price-fixing; and second, that the individuals responsible for the price-fixing should be given a sufficient disincentive to discourage them from engaging in the activity. The lecture will explore the implications of applying such principles, including altering the distribution of criminal sanctions as between corporations and the individuals who fix prices on their behalf, imposing liability on officers and directors based on negligence and relying on debarment as a sanction for individuals to a greater extent than is currently the practice. In examining these principles and their application, the lecture will draw primarily on the extensive experience in antitrust enforcement in the United States, while reflecting also to some extent on experiences in Europe and other jurisdictions.

Presenter

  • Judge Douglas H. Ginsburg
    Judge Douglas H. Ginsburg, George Mason Law