Competition and Consumer Act 2010 (Cth)

Section 45AA

Simplified Outline

 
 

The following is a simplified outline of this Division:

  • This Division sets out parallel offences and civil penalty provisions relating to cartel conduct.

  • A corporation must not make, or give effect to, a contract, arrangement or understanding that contains a cartel provision.

  • A cartel provision is a provision relating to:

    (a) price‑fixing; or

    (b) restricting outputs in the production and supply chain; or

    (c) allocating customers, suppliers or territories; or

    (d) bid‑rigging;

by parties that are, or would otherwise be, in competition with each other.

 

Previously numbered 44ZZRA

Location: Part IV, Division 1, Subdivision A - Introduction

View official version at Federal Register of Legislation

Legislative history

Amended Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)

The content of this provision did not change - it was simply renumbered from s 44ZZRA to s 45A.

Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009

Operative: 24 July 2009

Commentary

The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.

The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.

See further information and resources on the cartel page.

Last updated: 24 August 2020