Criminalisation of cartel conduct: Compelling compliance with anti-collusion laws

Following the enactment of the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth) ('Cartel Conduct Act'), this article explains the key elements of the cartel provisions now found in Part IV Division 1 of the Trade Practices Act 1974 (Cth) ('TPA') and the features of the supporting administrative arrangements agreed between the Australian Competition and Consumer Commission ('ACCC') and the Commonwealth Director of Public Prosecutions ('CDPP'). The article also reviews the contextual background to, and the arguments in favour of, a criminal enforcement regime for the regulation of cartel conduct as opposed to a civil regime underpinned by significant pecuniary penalties.