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| Author: | Shanahan, M.P. Round, D.K. |
| Title: | Serious cartel conduct, criminalisation and evidentiary standards: Lessons from the Coal Vend case of 1911 in Australia |
| Journal: | Business history
2009 : NOV, VOL. 51:6, p. 875-906 |
| Index terms: | competition cartels |
| Language: | eng |
| Abstract: | The criminalisation of anti-competitive behaviour has long been a feature of US antitrust law. Price fixing is an example of such behaviour. Some European countries have introduced criminal penalties for price fixing. Australia introduced such laws in 2009. In other countries, the matter is still under debate. The evidentiary standard expected in criminal prosecution is of critical importance when considering criminalisation. In the Coal Vend case, that took place a century ago, the High Court of Australia broke new evidentiary ground in applying forensic accounting and economic methods to examine price fixing. Much could be learnt by policy makers and competition agencies from this case. |
SCIMA