Journal article

Deterrent Penalties for Corporate Colluders: Lifting the Bar

Caron Beaton-Wells, Julie Clarke

The University of Queensland law journal | University of Queensland Press | Published : 2018

Abstract

A critical review of corporate pecuniary penalties for cartel conduct in Australia is timely if not overdue. Debates about the role of individual sanctions notwithstanding, financial penalties against corporations remain the predominant means of sanctioning cartel conduct in this country as elsewhere. These sanctions are therefore the primary mechanism by which deterrence is sought to be achieved. Consistent with the international position, deterrence has long been accepted as the primary, if not exclusive, rationale for cartel sanctions in Australia.