The Role of Damages in Regulating Horizontal Price-Fixing: Comparing the Situation in the US, Europe and Australia

Brendan Sweeney
(2006) Melbourne University Law Review 837; [2006] MULR 26

Abstract

'There is a general consensus that hard-core cartels do considerable economic harm and must to be suppressed. As a result, there is broad agreement that the primary goal of any suite of anti-cartel sanctions should be deterrence. While most countries recognise the need to impose significant fines on cartel participants, there is considerable uncertainty about many aspects of an effective anti-cartel regime, including the role of private actions for damages. Private damages actions have been an integral part of US antitrust law for many years, but they have been of little or marginal importance elsewhere. To date, this has included Australia, although there are signs that this situation may change. This article considers the role of private damages in an effective scheme of cartel regulation. It examines the position in the US and in Europe to determine whether their experiences have any lessons for Australia.'

Download

Download full article from AustLII