HWL Ebsworth Trade Practices Law Group: Introducing Richard Westmoreland

With the appointment of Richard Westmoreland, HWL Ebsworth continues to cement its growth in size and expertise by appointing a partner practising purely in trade practices law. Read more »

10 year jail terms for cartel conduct - final Bill released

The facts:

Legislation providing criminal penalties for cartel conduct will be introduced into Parliament by the end of 2008.
Penalties include jail terms of up to 10 years.
Criminal provisions will no longer require proof of ‘dishonesty’ - ‘knowledge’ or ‘belief’ that you are engaging in cartel conduct will be sufficient.
Criminal offence provisions remain wide and complex. A wide range of conduct could fall within the criminal provisions.
As with the first draft, this Bill does not just introduce criminal sanctions, it also largely re-writes the civil TPA competition prohibitions. The new rules are wider than current, and some of the exemptions narrower.
Not just new arrangements are caught - giving effect to existing arrangements will also be caught. An arrangement involving competitors that is currently legal may therefore be illegal in 2009.
Joint ventures and other arrangements with competitors will all need to be reviewed for compliance with the new provisions. In some cases, notifications to the ACCC or authorisation may be required.

Proposed Legislative Changes to Component Pricing

Legislative amendments are likely to change significantly the way suppliers are allowed to advertise their prices and show GST components of their pricing. Read more »

October 2008