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  3. Global Cartel Law and Enforcement

Global Cartel Law and Enforcement (LAWS70050)

Graduate coursework level 7Points: 12.5Not available in 2018

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Overview

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Around the world cartel conduct is singled out as the most serious form of anti-competitive behaviour and the most challenging for legislators, competition authorities and businesses to address. The OECD has referred to cartels as ‘the supreme evil of antitrust.’ There are vigorous debates taking place in Australia and internationally about the scope and effectiveness of cartel laws, enforcement policies and sanctions. Taught by experts in the field from Australia and the United Kingdom, this subject explores these debates in depth and from the perspectives of the various stakeholders in the field. The subject draws on case studies and compares the approach and experience in the US, Australia, UK and the European Union. Given the international nature of this field of practice, this subject will be relevant both to Australian and international students, and will provide students with deep expertise in this specialised and demanding area of competition law and enforcement. This subject will feature guests who are leaders in the field from the profession and the Australian Competition and Consumer Commission.

Principal topics include:

  • The economics of collusion
  • Defining and proving collusion
  • Standards of liability for cartel conduct
  • Exceptions and defences for cartel conduct
  • Corporate and individual liability for cartel conduct
  • Sanctions for cartel conduct (criminal and civil)
  • Enforcement policies (including immunity and leniency policies)
  • Private enforcement (damages)
  • Compliance.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the key economic principles and theories underpinning laws against cartel conduct
  • Have a detailed and sophisticated understanding of the legal rules governing cartel conduct, including prohibitions and exemptions, in Australia, the United States and European Union – including the main similarities and differences between the laws in these jurisdictions
  • Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules, both in terms of their substance and their form of drafting
  • Be able to critically assess enforcement policies of competition authorities relating to cartel conduct, including immunity and leniency policies, from the perspectives of authorities and businesses
  • Be an engaged participant in national and international discourse regarding emerging and contemporary issues in the field of cartel law and enforcement and contribute in a sophisticated way to law and enforcement reform debates
  • Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to cartel laws and enforcement
  • Have the communication skills to clearly articulate and convey complex information regarding cartel laws and enforcement to relevant specialist and non-specialist audiences
  • Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of cartel law and enforcement.

Last updated: 3 November 2022