Penalties/remedies | Reading
Australian commentary
For research and commentary on penalties and remedies in Australia generally see main reading room.
On pecuniary penalties
On measure of penalties
Michael Ferguson and Scott Meacock, 'Enforcements and Remedies: Cartel conduct: A survey of the ACCC's enforcement activity' (2014) 22 AJCCL 46
On agreed penalties
Anne Rees, 'Status quo restored: High Court approves use of agreed civil penalty submissions' (2016) 32(1) Competition and Consumer Law News 134
Rebecca Ananian-Welsh and Kate Gover, 'Before the High Court: Commonwealth v Director, Fair Work Building Industry Inspectorate: The End of Penalty Agreements in Civil Pecuniary Penalty Schemes?
Ayman Guirguis, Richard Flitcroft and Asa Lam, 'Where to now for agreed civil penalty outcomes following the CFMEU and Barbaro decisions?' (2015) 31(5) Competition and Consumer Law News 62
Ayman Guirguis, Sarah Godden and Asa Lam, 'ACCC v Chopra: penalty submissions in the aftermath of CFMEU and Barbaro' (August 2015) 31 Competition and Consumer Law News 76
Peter Renehan and Peta Stevenson, 'Purity But at What Price: The Application of Barbaro Principles to Pecuniary Penalty Proceedings' (2015) 23(1) Compettition and Consumer Law Journal
Kirsten Webb and Anchal Kapur, 'No Agreement over Agreed Penalties' (2015) 31(9-10) Competition and Consumer Law News 114
Law firm commentary on High Court ruling
Clayton Utz, 'Negotiating agreed penalties with regulators is OK, says High Court' (9 December 2015).
On Criminal Penalties
Graeme Edgerton and Luke Woodward, 'Criminalisation of cartels' in Michael Legg, Regulation, litigation and enforcement, Thomson (2011) (chapter 14)
Justice Ray Finkelstein, 'Crimes and punishments of competition law' (2011) 18 CCLJ 207
Caron Beaton-Wells and Brent Fisse, 'U.S. Policy and Practice in Pursuing Individual Accountability for Cartel Conduct: A Preliminary Critique' (2010) Antitrust Bulletin
Caron-Beaton-Wells and Fiona Haines, 'The Australian Conversion: How the Case for Cartel Criminalisation Was Made' (2010) New Journal of European Criminal Law
Julie Clarke, 'Running a Cartel? Go Directly to Jail' (May 2010) Law Institute Journal 52
Caron Beaton-Wells and Brent Fisse, 'The Cartel Offences: An Elemental Pathology' (June 2009) University of Melbourne Legal Studies Research Paper No. 414 (SSRN)
Graeme Davidson, 'The Role of the CDPP in the Prosecution of the Proposed Cartel Offence', Competition Law Conference, Sydney, 23 May 2009
On Damages
Matthew Eglezos, 'Recovering cartel damages: The passing-on defence under the Trade Practices Act' (2010) 38 ABLR 174
Richard Owens, 'Criminalisation of Cartels in Australia' (1 March 2010) at SSRN
Brendan Sweeney, 'The Role of Damages in Regulating Horizontal Price-Fixing: Comparing the Situation in the US, Europe and Australia' (2006) Melbourne University Law Review 837; [2006] MULR 26Brendan Sweeney, 'The Role of Damages in Regulating Horizontal Price-Fixing: Comparing the Situation in the US, Europe and Australia' (2006) Melbourne University Law Review 837; [2006] MULR 26
On Class Actions
Robert McGregor and Dawnie Lam, 'Airlines Class Action: Full Federal Court Overturns Strike Out Judgment: Auskay International Manufacturing and Trade Pty Ltd v Qantas Airways Limited [2010] FCAFC 6' (2011) 36(1) Air and Space Law 79-82
Kate Watts and Tova Gordon, 'Cartel class actions: Recent developments in Australia' (2010) 18 Trade Practices Law Journal 81
On Divestiture
On Private Enforcement generally
Rebecca Gilsenan, 'Could the Harper Review recommendations revive private enforcement of cartel prohibitions?' (2016) 24 Australian Journal of Competition and Consumer Law 6