Both civil and criminal remedies are available for contraventions of Part IV of the CCA. Since 24 July 2009 a new Division 1 of Part IV of the CCA prohibits cartel conduct both civilly and as a criminal offence. Division 2 of Part IV, which contains the Part IV competition law prohibitions, is subject only to civil penalties.

The civil remedies are available for contraventions of both Division 1 and Division 2 of Part IV of the CCA include:

(1) pecuniary penalties (s 76)

(2) damages (s 82)

(3) injunctions (s 80)

(4) divestiture (in relation to mergers) (s 81)

(5) non-punitive orders (eg, community service) (s 86C)

(6) punitive orders - adverse publicity orders (s 86D)

(7) disqualification from directorship (s 86E)

(8) other orders (s 87)

Criminal remedies are provided for in the following sections

• Section 79 - Offences against section 44ZZRF or 44ZZRG
• Section 79A - Enforcement and recovery of certain fines
• Section 79B - Preference must be given to compensation for victims

See also Memorandum of Understanding between the CDPP and the ACCC Regarding Serious Cartel Conduct (July 2009) [external]

The ACCC currently has immunity and cooperation policies in place for cartel conduct. See immunity and cooperation page.

Select provisions only - for more see CCA

• Part VI - Enforcement and remedies

• TPC v Allied Mills Industries Pty Ltd [1981] FCA 142; (1981) 60 FLR 38
  Agreed penalties
• ACCC v Australian Abalone Pty Ltd [2007] FCA 1834
  Admitted price fixing and boycott conduct - discussion of agreed penalties and mention of proposed criminal penalties
• ACCC v Flight Centre Limited (No 3) [2014] FCA 292 (28 March 2014) (Penalty judgment)
  Attempted price fixing - multiple contraventions
• ACCC v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 (2 November 2007)
  Admission of cartel conduct - penalties of $36m + imposed
• ACCC v Ticketek Pty Ltd [2011] FCA 1489 (22 December 2011)
  Discussion of measure of penalties - agreed penalties

View reading room - administration and penalties

View reading room - cartels (including criminal penalties and immunity)

The Cartel Project
Launched April 2009 this is the home page for an "interdisciplinary empirical research project [which] will investigate how and why criminalisation of serious cartel conduct has become bipartisan policy in Australia."