Home Page / Legislation / Competition and Consumer Act 2010 / s 45AK

Competition and Consumer Act 2010 (Cth)

Section 45AK
Giving effect to a cartel provision

Note: The Harper Reforms came into operation on 6 November 2017 with the commencement of the Competition and Consumer Amendment (Competition Policy Reform) Act 2017. This section was re-numbered from section 44ZZRK.


The provision

(1) A corporation contravenes this section if:

(a) a contract, arrangement or understanding contains a cartel provision; and

(b) the corporation gives effect to the cartel provision.

Note: For enforcement, see Part VI.

(2) Paragraph (1)(a) applies to contracts or arrangements made, or understandings arrived at, before, at or after the commencement of this section.


Legislative history


Relevant cases



The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.

The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.

See further information and resources on the cartel page.