Competition and Consumer Act 2010 (Cth)
Section 44ZZRJ
Making a contract etc. containing a cartel provision
Note: The Harper Reforms came into operation on 6 November 2017. This section has been and re-numbered. This page reflects the content of the provision immediately prior to the commencement of the Harper Reforms. Please visit section 45AJ for the current provision
The provision
A corporation contravenes this section if:
(a) the corporation makes a contract or arrangement, or arrives at an understanding; and
(b) the contract, arrangement or understanding contains a cartel provision.
Note: For enforcement, see Part VI.
Legislative history
Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Operative: 24 July 2009
Relevant cases
ACCC v Olex Australia Pty Ltd [2017] FCA 222
Case dismissed - cartel allegations
Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013) (bid rigging)
Commentary
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.
