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Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Uncertainty surrounds the use of publicity as a means of controlling corporate crime. On the one hand, some agree with Justice Brandeis's dictum that light is "the best of disinfectants...the most efficient policeman." On the other hand, many believe that corporations' internal affairs are effectively shrouded with a thick fog that prevents the light of public scrutiny from reaching them. The Impact of Publicity on Corporate Offenders is the first study to go beyond the rhetoric, through an examination of corporate experience. Fisse and Braithwaite have carried out a qualitative inquiry concerning 17 large corporations involved in publicity crises. Based mainly on interviews, the inquiry includes company employees and former employees, union officials, officers of government regulatory agencies, competitors, independent accountants, government prosecutors, public interest activists, judicial officers, stockbrokers, and other experts.
Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.
Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.
Achieving the Sustainable Development Goals through Finance, Technology and Law Reform Achieving the SDGs requires a fundamental rethink from businesses and governments across the globe. To make the ambitious goals a reality, trillions of dollars need to be harnessed to mobilise finance and accelerate progress towards the SDGs. Bringing together leaders from the World Bank, the financial and business sectors, the startup community and academia, this important, topically relevant volume explains what the SDGs are, how they came about and how they can be accelerated. Real-world case studies and authoritative insights address how to direct investment of existing financial resources and re-align...
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the...
A study of the normative justification for criminalising cartel activity which goes beyond historical accounts of the topic.
Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
Compares Australia's new misuse of market power law with US and EU tests for monopolization and abuse of dominance.