Competition and Consumer Act 2010 (Cth)
Section 45AK
Giving effect to a cartel provision
Note: The Harper Reforms came into operation on 6 November 2017 with the commencement of the Competition and Consumer Amendment (Competition Policy Reform) Act 2017. This section was re-numbered from section 44ZZRK.
The provision
(1) A corporation contravenes this section if:
(a) a contract, arrangement or understanding contains a cartel provision; and
(b) the corporation gives effect to the cartel provision.
Note: For enforcement, see Part VI.
(2) Paragraph (1)(a) applies to contracts or arrangements made, or understandings arrived at, before, at or after the commencement of this section.
Legislative history
Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Operative: 24 July 2009
Relevant cases
ACCC v Olex Australia Pty Ltd [2017] FCA 222
Case dismissed - cartel allegations
Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013) (bid rigging)
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.
