Agreed Penalties Under Scrutiny

Bill Keane

Australian Journal of Competition and Consumer Law

Bill Keane, ‘Agreed Penalties Under Scrutiny’ (2021) 29(3) Australian Journal of Competition and Consumer Law 202

Introductory paragraph

‘Parties to enforcement proceedings face real challenges in negotiating and effecting a resolution of proceedings on agreed terms. In particular, any agreement on pecuniary penalty will be reviewed by the Court, which may not agree that the "agreed" sum is appropriate or sufficiently supported by evidence. For reasons examined in this report, it is important for practitioners to approach "settlement" discussions with the Court's role in mind.’