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Comment: Australian criminal-cartel prosecutions face an uncertain future

By James Panichi and Ryan Cropp ( February 29, 2024, 06:41 GMT | Comment) -- Australia’s antitrust enforcer appears to be struggling with the country’s criminal-cartel offenses, which have been on the books since 2009. Despite recent wins in court, the country’s federal judges have been reluctant to impose jail terms or significant fines on those found guilty of criminal-cartel conduct. As a result, the law’s deterrence value has waned, leading to speculation that the Australian Competition & Consumer Commission may choose to focus its pursuit of cartel behavior under civil laws.Another day, another chance for Australia’s antitrust watchdog to put on a brave face about its criminal-cartel enforcement program, which late last week again failed to secure an actual jail term for price fixers caught in the act....

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