Professor Caron Beaton-Wells

LLB (Hons) Melb (1993)

LLM Melb (1997)

PhD Melb (2002)

Barrister and Solicitor of the Supreme Court of Victoria

University of Melbourne

Member, Australian Competition Tribunal (since April 2019)

Barrister (Member of Victorian Bar since 1997)

Associate to Justice Balmford, Supreme Court of Victoria

Solicitor, Mallensons Stephen Jaques

Director, Competition Law and Economics Network

Supermarket Power Project

Petrol Pricing Project

Cartel Project
Lead researcher in a Australian Research Council-funded project on criminalisation.

Non-Governmental Advisor to the International Competition Network (2010)

Consulted on competition law matters for OECD

Consulted on competition law matters for the New Zealand Government

Memberships/affiliations

• Member of International Advisory Board, Loyola Chicago Consumer Antitrust Institute
• Member, Law Council of Australia Competition and Consumer Committee
• Member, American Bar Association's Sections of Antitrust Law and International Law
• Individual partner, Asian Competition Law and Economics Centre
• Member of Executive Board, Academic Socity for Competition Law
• UNCTAD Research Partnership Platform

Editorial roles

• Editorial Board, Journal of Antitrust Enforcement (Oxford University Press)
• Editorial Board, New Journal of European Criminal Law (Intersentia)
• Academic Steering Committee, Concurrences Journal Antitrust Writing Awards in 2014

2010 - named one of the top female competition law professors in the world by the Antitrust and Competition Policy Blog

• For full list of publications see: Melbourne Law School publications list
• SSRN online publications

Caron Beaton-Wells and Christopher Tran (eds), Anti-Cartel Enforcement in a Contemporary Age: Leniency Religion (Hart Publishing, 2015)

Beaton-Wells and Fisse, Australian Cartel Regulation: Law, Policy and Practice in an International Context (Cambridge University Press, 2011)

Caron Beaton-Wells and Ariel Ezrachi (eds), Criminalising Cartels: Critical Studies of an International Regulatory Movement (Hart Publishing, 2011)

Beaton-Wells, Proof of Antitrust Markets in Australia, Federation Press (2003)

'Leniency Policies: Revolution or Religion?" in Caron Beaton-Wells and Christopher Tran, Anti-Cartel Enforcement in a Contemporary Age: Leniency Religion (Hart Publishing, 2015) ch 1, pp 3-13

'Leniency and Criminal Sanctions: Happily Married or Uneasy Bedfellows?' in Caron Beaton-Wells and Christopher Tran, Anti-Cartel Enforcement in a Contemporary Age: Leniency Religion (Hart Publishing, 2015) ch 11, pp 233-260 (with C Harding and J Edwards)

'Substance and process in competition law and enforcement: Why we should care if it’s not fair’, in P Nihoul and T Skoczny (eds), Procedural Fairness in Competition Proceedings (Edward Elgar, 2015) (forthcoming November)

'Testing the Effectiveness of Immunity Policies for Cartel Conduct: Reflections and Proposals' in Nye Perram (ed), International Commercial Law and Arbitration Perspectives (Proceedings of a Conference Organised by the Federal Court of Australia, the Ross Parsons Centre of Commercial, Corporate and Taxation Law and the Business Law and Federal Litigation Sections of the Law Council of Australia), Ross Parsons Centre of Commercial, Corporate and Taxation Law (2014) pp 215-252

'Leniency Policies: Testing for Effectiveness' in Nicolas Charbit and Elisa Ramundo (eds), William Kovacic: An Antitrust Tribute - Liber Amoricum - Volume II, Institute of Competition Law (2014), pp 303-317

'The Billionaire, Prime Minister and Chairman: ACCC v Visy Ltd' in B Rodger (ed), Landmark Cases in Competition Law, Kluwer International (Law), 2012, ch 1 (pp 27-45)

'Criminal sanctions for cartels - the jury is still out' in A Ezrachi (ed) International Research Handbook in Competition Law, Edward Elgar, Cheltenham, UK, 2012, ch 9 (266-290) [preview available]

‘Australia's Criminalisation of Cartels: Will It Be Contagious?’ in Josef Drexl, Warren S Grimes and Clifford A. Jones (eds) More Common Ground for International Competition Law?, Academic Society for Competition Law Series (Edward Elgar, Cheltenham, UK, 2011) (ch9, p 148) [preview available]

'Criminalising Cartels: Why Critical Studies?' in Caron Beaton-Wells and Ariel Ezrachi (eds), Criminalising Cartels: Critical Studies of an International Regulatory Movement (Hart Publishing, 2011)

'Cartel Criminalisation and the Australian Competition and Consumer Commission - Opportunities and Challenges' in Caron Beaton-Wells and Ariel Ezrachi (eds), Criminalising Cartels: Critical Studies of an International Regulatory Movement (Hart Publishing, 2011)

The Cartel Project (Caron Beaton-Wells, Fiona Haines, Christine Parker and Chris Platania-Phung), 'Report on a Survey of the Australian Public Regarding Anti-Cartel Law and Enforcement (December 2010)

2018

• Caron Beaton-Wells and Julie Clarke, ‘Deterrent Penalties for Corporate Colluders: Lifting the Bar’ (2018) 37(1) University of Queensland Law Journal 107-125
• Caron Beaton-Wells and Julie Clarke, 'Corporate Financial Penalties for Cartel Conduct in Australia: A Critique' (Working Paper, 26 March 2018, available at SSRN)

2017

• Christopher Arup, Caron Beaton-Wells and Jo Paul-Taylor, ‘Regulating Supermarkets: The Competition for Space’ (2017) 40(3) University of New South Wales Law Journal (Advance)
• Caron Beaton-Wells, 'Criminal Sanctions for Cartel Conduct: The Leniency Conundrum' (2017) 13(1) Journal of Competition Law & Economics 125-149
• Caron Beaton-Wells and Jo Paul-Taylor, 'Problematising supermarket–supplier relations: dual perspectives of competition and fairness' (2017) Griffith Law Review 1

2016

• Caron Beaton-Wells, 'Private Enforcement of Competition Law in Australia - Inching Forwards' (2016) 39(3) Melbourne University Law Review 681

2015

• Caron Beaton-Wells, 'The Harper Review: Qualified Hope for Australian Competition Law' (December 2015) 48(4) Australian Economic Review 417-427
• Beaton-Wells, C, 'Leniency Policies in Anti-Cartel Enforcement: Critical Review is Well Overdue', Concurrences Journal No 3-2015, September 2015
• Beaton-Wells, C, 'National Report: Anti-competitive practices - Grocery retail - Industry code' [2015] 36(6) European Competition Law Review N-63

2014

• 'The ACCC: Roots and Branches - Proposals to Enhance ACCC Effectiveness' (2014) 42 Australian Business Law Review 414-435
• Caron Beaton-Wells, ''Immunity policy for cartel conduct: revolution or religion?  An Australian case -study' (2014) 2(1) Journal of Antitrust Enforcement 126 (see also Uni of Melbourne Law School Research Series version 2013)

2013

• Caron Beaton-Wells, 'The ACCC Immunity Policy for Cartel Conduct: Due for Review' (2013) Australian Business Law Review 171
• Caron Beaton-Wells and Christine Parker, 'Justifying criminal sanctions for cartel conduct: A hard case' (2013) 1(1) Journal of Antitrust Enforcement 198
• Caron Beaton-Wells, 'Immunity Policy: Revolution or Religion? An Australian Case-Study' [2013] UMelbLRS 2 (published in (2013) Journal of Antitrust Enforcement (2014)

2012

• Fiona Haines and Caron Beaton Wells, 'Ambiguities in Criminalising Cartels: A Political Economy' (2012) 52 British Journal of Criminology 953-973
• Caron Beaton-Wells & Christine Parker, 'Education Before Enforcement? Key Insights From Australian Cartel Research' (CPI Antitrust Chronicle, October 2012 (1))
• Caron Beaton-Wells, 'Normative Compliance: The Endgame' (CPI Antitrust Chronicle, February 2012(1))
• Caron Beaton-Wells and Kathryn Tomasic, 'Private Enforcement of Competition Law: Time for an Australian Debate' (2012) 35(3) UNSW Law Journal 650-684

2011

• Caron Beaton-Wells, 'Anti-cartel advocacy: how has the ACCC fared?' (December 2011) 33(4) Sydney Law Review 735
• Caron Beaton-Wells, Brent Fisse, 'Australia's Proposed Information Disclosure Legislation: International Worst Practice' (CPA Antitrust Chronical, August 2011(2))
• Brent Fisse and Caron Beaton-Wells, 'The Continual Regulation of Continuous Disclosure: Information Disclosure Under the Competition and Consumer Amendment Bill (No 1)' (2011) 19 Competition and Consumer Law Journal 1-25
• Brent Fisse and Caron Beaton-Wells, 'Private disclosures of price-related information to a competitor "in the ordinary course of business": A new slippery dip in the political playground of Australian Competition Law' (2011) 39 Australian Business Law Review 367-379
• B Fisse and C Beaton-Wells, 'The Competition and Consumer Amendment Bill (No. 1) (Exposure Draft): A Problematic Attempt to Prohibit Information Disclosure' (2011) 39(1) Australian Business Law Review 28
• Caron Beaton-Wells and Brent Fisse, 'U.S. Policy and Practice in Pursuing Individual Accountability for Cartel Conduct: A Preliminary Critique' (2011) 56(2) Antitrust Bulletin 277

2010

• Caron-Beaton-Wells and Fiona Haines, 'The Australian Conversion: How the Case for Cartel Criminalisation Was Made' (2010) New Journal of European Criminal Law
• Caron Beaton-Wells and Brent Fisse, 'Broadening the Definition of Collusion: A Call for Caution' (2010) 38 Federal Law Review 71

2009

• Caron Beaton-Wells and Brent Fisse, 'Criminal Cartels: Individual Liability and Sentencing' (June 2009) University of Melbourne Legal Studies Research Paper No 415 (SSRN)
• Caron Beaton-Wells and Brent Fisse, 'The Cartel Offences: An Elemental Pathology' (June 2009) University of Melbourne Legal Studies Research Paper No. 414 (SSRN)
• Caron Beaton-Wells and Fiona Haines, 'Making Cartel Conduct Criminal: A Case-Study of Ambiguity in Controlling Business Behaviour' (2009) 42 Australian and New Zealand Journal of Criminology [at SSRN]

2008

• Caron Beaton-Wells, 'Criminalising Cartels: Australia’s Slow Conversion' (2008) 31 World Competition 205-233 [at SSRN]
• Caron Beaton-Wells, 'The Politics of Cartel Criminalisation: A Pessimistic View from Australia' (2008) 29 European Competition Law Review
• Caron Beaton-Wells and Brent Fisse, 'The Australian Criminal Cartel Regime: A Model for New Zealand?' (2 August 2008)
  University of Melbourne Legal Studies Research Paper No 413 (SSRN)
• Caron Beaton-Wells and Brent Fisse, 'Criminalising Serious Cartel Conduct: Issues of Law and Policy' [2008] UMelbLRS 3
• Caron Beaton-Wells, Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 1) (2008) 16 Competition and Consumer Law Journal; U of Melbourne Legal Studies Research Paper No. 403
• Caron Beaton-Wells, Forks in the Road: Challenges Facing the ACCC's Immunity Policy for Cartel Conduct (Part 2) (2008) 16 Competition and Consumer Law Journal; U of Melbourne Legal Studies Research Paper No. 404.
• Caron Beaton-Wells and Neil Brydges, The Cardboard Box Cartel Case: Was All the Fuss Warranted? (2008) 36 Australian Business Law Review, U of Melbourne Legal Studies Research Paper No. 393

2007

• Caron Beaton-Wells, 'Capturing the Criminality of Hard Core Cartels: The Australian Proposal' (2007) 31(3) Melbourne University Law Review [at SSRN]

2006

• Caron Beaton-Wells, 'Mergers without markets? Unilateral effects analyisis in the United States and its prospects in Australia'
  (2006) 34 ABLR 186

More to follow

Caron Beaton-Wells, 'Immunity Policy: Revolution or Religion? An Australian Case-Study' [2013] University of Melbourne Law School Research Series 2 (Paper for the Antitrust Enforcement Symposium 2013, Pembroke College, University of Oxford, 22-23 June 2013)

Launched 2018:

• Competition Lore

Caron Beaton-Wells and Julie Clarke, 'Corporate financial penalties for cartel conduct in Australia: A critique' (Competition Law and Economics Discussion Group, Melbourne Law School, 28 March 2018)

Caron Beaton-Wells and Julie Clarke, 'Corporate financial penalties for cartel conduct in Australia: A critique' (Cartels, Optimal Enforcement and Theories in Competition Law Symposium, TC Beirne School of Law, Brisbane, 27 March 2018)

Caron Beaton-Wells, 'Corporate financial penalties for cartel conduct in Australia: A critique' (OECD Workshop on Australian Pecuniary Penalties for Competition Law Infringements, Sydney, 26 March 2018)

Caron Beaton-Wells, 'Presentation on the Harper review draft report', Competition Policy Review Conference, Competition Law panel, Canberra, 23-24 October 2014

Caron Beaton-Wells and A Fels AO, 'Australia's Supermarket Duopoly: Who is Being Served?, Melbourne Law School, Alumni Breakfast Series, 21 October 2014

Caron Beaton-Wells, 'Australia's Proposed Supermarket Code: UK Lessons Missed', Competition Academia Blog, 12 February 2014

Caron Beaton-Wells, 'National Report: Anti-competitive agreements - Producer/Distributor - Agreements - Whether unlawful cartel - divergent approaches' [2014] 35(6) European Competition Law Review N-41

Caron Beaton-Wells, 'National Report: Anti-Competitive Agreements - Norcast v Bradken decision' [2013] 34(11) European Competition Law Review N-149

Caron Beaton-Wells, 'Substance and Process in Competition Law and Enforcement. Why We Should Care If It's Not Fair' (9th ASCOLA Conference Warswa 2014 on Procedural Fairness in Competition Proceedings)

Caron Beaton-Wells, 'Uncomfortable comparisons. Why Rod Sims broke the ACCC record' (The Conversation, 29 October 2018)

Caron Beaton-Wells and Julie Clarke, 'Why are corporate penalties for cartels so low in Australia?' (Pursuit, 26 March 2018)

Caron Beaton-Wells, 'Cartel case shows not all corporate misbehaviour goes unpunished' (The Conversation, 7 August 2017).

Caron Beaton-Wells, 'Supermarket monsters can be agents of change' (The Conversation, 7 July 2015).

Caron Beaton-Wells, 'Harper Review: a mixed basket for Coles and Woolworths' (The Conversation, 2 April 2015)

Caron Beaton-Wells, 'Coles v ACCC: finding the right balance between competition and fairness' (The Conversation, 21 October 2014)

Caron Beaton-Wells, 'Harper competition review seeks widespread change: experts react' (The Conversation, 22 September 2014)

Caron Beaton-Wells and David Byrne, 'Fixing the fixers of petrol prices is no easy task' (The Conversation, 27 August 2014)

Caron Beaton-Wells, 'Regulating for fairness as well as competition', Competition Academia Blog, 27 June 2014

Caron Beaton-Wells, 'Australia's Proposed Supermarket Code: UK Lessons Missed', Competition Academia Blog, 12 February 2014

Beaton-Wells, Toughen Up: What Australia's Supermarket Code Could Learn from the UK (The Conversation, 27 November 2013)

Beaton-Wells, Will the ACCC’s foray into film make its mark on cartel behaviour? (The Conversation, 30 August 2012)

Beaton-Wells, Will Rod Sims' tougher approach pay off for the ACCC? (The Conversation, 7 September 2011)

Beaton-Wells, Less rhetoric, more restraint required in 'cartel crackdown' (The Conversation, 28 March 2011)

For more media and other output see publications page on University of Melbourne website.

Submission to Harper Review 2014
On issues paper (and with Brent Fisse) - on draft report (with Brent Fisse)

Competition and Consumer Amendment Bill (No 1) Exposure Draft
(with Brent Fisse)
This draft bill proposed price signalling laws for the banking industry

Discussion Paper - Meaning of 'Understanding' in the Trade Practices Act 1974 (2009)
(with Brent Fisse)
This discussion paper was prompted by the construction to the meaning of understanding taken in the petrol cases. No report released.

Exposure Draft Bill for comment - Criminal Penalties for Serious Cartel Conduct (January 2008)
(with Brent Fisse)
First draft bill - modified bill passed in 2009 with significant amendments