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Cartel Legislation

Part IV Restrictive Trade Practices (Division 1)

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

See separate price signalling page.

Division 2 (Other provisions)

Part VI

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)

Repealed provision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: