Journal article
The sound of one hand shaking itself: inchoate cartel conduct under the Competition and Consumer Act 2010
Australian Journal of Competition and Consumer Law, Vol.26(1), pp.21-32
2018
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Abstract
It is an ingrained concept of criminal law that a person attempting, conspiring with, counselling or procuring the commission of an offence is liable in the same manner as one who commits the substantive offence. So it is perhaps unsurprising that the cartel offences, introduced into the Commonwealth competition law framework in July 2009, brought about a series of inchoate offences related to or incidental to substantive cartel conduct. But as cartels are characterised by a "meeting of the minds" between the parties to a contract, arrangement or understanding which contains anti-competitive content, where does liability lie in an inchoate offence when only one party is at fault? Put another way, can only one hand shake itself in agreement? The purpose of this article is to highlight some of the challenges created by the legal divergence between substantive and inchoate cartel conduct.
Details
- Title
- The sound of one hand shaking itself: inchoate cartel conduct under the Competition and Consumer Act 2010
- Creators
- Brendan Walker-Munro
- Publication Details
- Australian Journal of Competition and Consumer Law, Vol.26(1), pp.21-32
- Publisher
- Lawbook
- Identifiers
- 991013167311602368
- Copyright
- © Victoria University.
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Journal article