Download PDF by Caron Beaton-Wells: Australian Cartel Regulation: Law, Policy and Practice in an

By Caron Beaton-Wells

ISBN-10: 0521760895

ISBN-13: 9780521760898

Cartel law is a chief component to festival coverage and a vital technique of minimising the opposed results of cartel task on financial welfare. notwithstanding, powerful cartel legislation poses specific demanding situations for governments, pageant specialists and commentators around the globe. In Australian Cartel law, major festival legislations specialists Caron Beaton-Wells and Brent Fisse think of advancements in anti-cartel legislation in Australia during the last 30 years. they supply a complete account of the present legislations on cartels in addition to discussing key matters that can come up sooner or later. This definitive quantity not just identifies the sensible and theoretical matters, but additionally recommends viable suggestions, and does so with the good thing about comparative research of the anti-cartel legislation of significant out of the country jurisdictions. a few of the matters pointed out and mentioned in Australian Cartel law are universal to any scheme designed to manage cartel behavior.

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Sample text

Chapter 12 examines the implications of a liability control framework when reviewing or designing internal corporate controls against cartel conduct. The main theme is that ‘compliance’ is too limited a concept. It does not adequately reflect what is done or what can be done by a corporation seeking to achieve liability control. Corporations generally have internal controls that are not limited to compliance controls but also include strategies and procedures for avoiding, minimising or shifting the risk of liability.

Auskay International Marketing & Trade Pty Ltd v Qantas Airways Ltd (2008) 251 ALR 166, [19]; Auskay International Manufacturing and Trade Pty Ltd v Qantas Airways Ltd [2009] FCA 1464, [40]–[41]. 36 Cf.

However, the question of whether or not a foreign corporation is ‘carrying on business’ in Australia requires a detailed assessment of the facts in each case. 40 A central question in that case was whether or not the foreign parent corporation was carrying on business in Australia by virtue of the operations of its Australian subsidiary. To answer that question the court characterised the test as being whether the ‘parent company is so directly and intimately connected with the conduct of the subsidiary that it is proper to regard the conduct of the subsidiary as that of the parent company 35 Emirates v Australian Competition and Consumer Commission (2009) 255 ALR 35, [55]–[74]; cf.

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Australian Cartel Regulation: Law, Policy and Practice in an International Context by Caron Beaton-Wells


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