Home Page / Legislation / Competition and Consumer Act 2010 / s 44ZZRA

Competition and Consumer Act 2010 (Cth)

WarningSection 44ZZRA Simplified Outline

 

Note: The Harper Reforms came into operation on 6 November 2017. This section has been modified and re-numbered. This page reflects the content of the provision immediately prior to the commencement of the Harper Reforms. Please visit section 45AA for the current provision

 

The provision

The following is a simplified outline of this Division:

  • This Division sets out parallel offences and civil penalty provisions relating to cartel conduct.
  • A corporation must not make, or give effect to, a contract, arrangement or understanding that contains a cartel provision.
  • A cartel provision is a provision relating to:

    (a) price‑fixing; or

    (b) restricting outputs in the production and supply chain; or

    (c) allocating customers, suppliers or territories; or

    (d) bid‑rigging;

by parties that are, or would otherwise be, in competition with each other.

 

Legislative history

 

Commentary

The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.

The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.

See further information and resources on the cartel page.