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Cartel Legislation

Part IV Restrictive Trade Practices (Division 1)

Division 1

Division 1 - Cartel Conduct

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

Division 1A (Anti-competitive disclosure of pricing and other information)

See separate price signalling page.

Division 2 - Other relevant provisions

Repealed provision

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: