Cartels | Legislation

Division 1 - Cartel Conduct

• [View in full as originally introduced]

Subdivision A - Introduction

This sub-division includes the core definitional provision - s 44ZZRD

Subdivision B - Offences etc.

This sub-division includes the core criminal offence provisions (44ZZRF Making a contract etc. containing a cartel provision and 44ZZRG Giving effect to a cartel provision) and related provisions

Subdivision C - Civil penalty provisions

This sub-division contains the core criminal offence provisions (44ZZRJ Making a contract etc. containing a cartel provision and 44ZZRK Giving effect to a cartel provision ) and related provisions

Subdivision D - Exceptions

See separate price signalling page.

45 Contracts, arrangements or understandings that restrict dealings or affect competition

See further anti-competitive agreements legislation page.

Section 79

This provision provides for penalties against persons who have attempted to contravene or been involved in the contravention of the cartel offences.

It provides for a term of imprisonment of not more than 10 years or a fine not exceeding 2,000 penalty units (the value of a penalty unit is currently $210 with the result that the maximum fine for an individual is $420,000 per offence)

Until 2009 price fixing was prohibited by s 45 of the (then) Trade Practices Act 1974 with the aid of section 45A. Section 45A deemed certain price fixing activity to substantially lessen competition for purposes of the general prohibition against anti-competitive agreements in section 45. The core components of the current prohibition against price fixing cartels are substantially the same as those that were contained in sections 45/45A with the result that much of the case law associated with those provisions remains relevant to the interpretation of the current cartel laws:

• Section 45A repealed, effective 24 July 2009.