Competition and Consumer Act 2010 (Cth)
Section 45AK
Giving effect to a cartel provision
(1) A corporation contravenes this section if:
(a) a contract, arrangement or understanding contains a cartel provision; and
(b) the corporation gives effect to the cartel provision.
Note: For enforcement, see Part VI.
(2) Paragraph (1)(a) applies to contracts or arrangements made, or understandings arrived at, before, at or after the commencement of this section.
Previously numbered 44ZZRK
Location: Part IV, Division 1, Subdivision C - Civil penalty provisions
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.
Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009
Operative: 24 July 2009
Commentary
History
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.
More information
See further information and resources on the cartel page.
Cases
ACCC v Olex Australia Pty Ltd [2017] FCA 222
Case dismissed - cartel allegations
Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013)
Cartel found - bid rigging
Last updated: 24 August 2020