Competition Law Reading Room
Broadening the Definition of Collusion? A Call for Caution
Caron Beaton-Wells and Brent Fisse
(2010) 38(1) Federal Law Review 71-95
From the introduction
'In Australian competition law, the notion of collusion between competitors is enacpsulated in the concepts of 'contract', 'arrangement' and 'understanding' ...
In 2007 [the ACCC] recommended amendments to the TPA in connection with the interpretation of 'understanding' in the wake of its largely unsuccessful cases against petrol retailers for alleged price fixing ... In this article it is argued that the proposed amendments should be rejected.'