Civil Penalties for Cartel Conduct: An OECD Review of the Australian Regime


Civil Penalties for Cartel Conduct:  An OECD Review of the Australian Regime

For much of the early part of the last decade the focus of Australian competition law and enforcement was on the introduction and implementation of a criminal regime for cartel conduct, introduced in 2009. Last year saw the first criminal sentencing of a corporation since the cartel offences became law and the first prosecution individuals has just been announced. At the same time, there has been considerable activity in enforcement of the civil penalty regime for anti-competitive conduct over the last ten years. A large number of proceedings have been brought and penalties have been secured in a substantial proportion of them. In relation to cartel conduct, the size of these penalties has increased markedly in recent years. These acknowledgements aside, with the criminal regime now bedded down, a critical review of civil penalties is now timely. Building on prior OECD work comparing sanctions for competition law infringements, Australia has asked the OECD to review its penalties regime and compare it with the practices of a number of representative OECD jurisdictions. The OECD will publish its report from the review and senior OECD representatives will present the results in Australia in March 2018, including at this Competition Law & Economics Network discussion group on 28 March. The presentation will be followed by commentary by Professor Caron Beaton-Wells and Associate Professor Julie Clarke, presenting empirical work and analysis on corporate cartel penalties over more than four decades in this country. Join us for a stimulating and robust discussion!


  • Associate Professor Julie Clark
    Associate Professor Julie Clark, Melbourne Law School
  • Professor Caron Beaton-Wells
  •  Pedro  Caro de Sousa
    Pedro Caro de Sousa, Expert, Directorate for Financial and Enterprise Affairs
  •  Sean  Ennis
    Sean Ennis , Competition Commission of Mauritius