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Criminalisation of cartel conduct

The Hon Justice Michelle Gordon
(2011) 34 Australian Bar Review 177



This is a very useful and thought-provoking article relating to the practical issues of procedure raised by the introduction of criminal cartel laws. A must read for practitioners and a very interesting read for anyone else interested in the field.



Can commercial competition listigators become criminal defence lawyers? Are pre-trial and trial issues different in criminal proceedings and, if so, how might they be dealt with?



'... the article seeks to examine some aspects of the criminal law to provoke thought and debate about how a competition lawyer can become a criminal defence lawyer or if they would want to. So far as possible, the article addresses the issues in the order in which they are likely to arise in the course of a criminal prosecution.



'... it will not simply be a case of competition lawyers familiar with price-fixing cases transferring that knowledge into a criminal trial. A criminal cartel trial will require the highly specialised knowledge of such lawyers and an intricate knowledge of the criminal process not only in the Federal Court but also of the various state courts as well. '



The Australian Bar Review is a subscription service only

A similar paper (speech) is, however, available from the Federal Court website: 'Criminalisation of Cartel Conduct: Can Commercial Competition Litigators Become Criminal Defence Lawyers? Are Pre-Trial and Trial Issues Different in Criminal Proceedings and if so, how might they be dealt with?' (October 2010)