Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

  The Commonwealth Director of Public Prosecutions (CDPP) is responsible for prosecuting serious criminal cartel offenses on referral from the ACCC.
Pursuant to the Memorandum of Understanding (MOU) regarding serious cartel conduct issued by the ACCC and the CDPP on 15 August 2014, the ACCC will consider conduct under investigation to be serious cartel conduct if one or more of the following facto …

The Commonwealth Director of Public Prosecutions

 The Australian Competition and Consumer Commission (ACCC), an independent statutory authority, was formed in 1995 by the merger of the Trade Practices Commission and the Prices Surveillance Authority. The ACCC is the primary competition authority in Australia as regards the enforcement of the CCA. Members of the Commission are appointed by the Governor-General for five-year terms. The ACCC has the power to grant immunity through authorization procedures, but its authorization decisions are subject to review by the Australian Competition Tribunal, with the possibility of further appeal to the Federal court. Since the 2017 amendments, the ACCC may also determine class exemptions.

  The ACCC has no power to impose penalties but it can seek monetary damages, injunctive relief and divestiture orders before the Federal court (Section 77). It has the authority to file class action suits in Federal Court on behalf of consumers or groups of small businesses. The ACCC has a statutory right to intervene in private enforcement actions, but in practice rarely does so.

  The ACCC refers serious cartel conduct to the Commonwealth Director of Public Prosecutions.

  The Australian Energy Regulator (AER), which regulates Australian energy market, is a constituent, but separate part of the ACCC. It shares staff and premises with the ACCC, but has a separate board. One board member must also be a Commissioner at the ACCC (Section 8AB).

The Australian Competition and Consumer Commission (ACCC)

  The Commonwealth Director of Public Prosecutions (CDPP) is responsible for prosecuting serious criminal cartel offenses on referral from the ACCC.

Pursuant to the Memorandum of Understanding (MOU) regarding serious cartel conduct issued by the ACCC and the CDPP on 15 August 2014, the ACCC will consider conduct under investigation to be serious cartel conduct if one or more of the following factors apply:

- the conduct caused, or could have caused, large-scale or serious economic harm;

- the conduct was longstanding or had, or could have had, a significant impact on the market in which the conduct occurred;

- the conduct caused, or could have caused, significant detriment to the public, or a class of the public, or caused, or could have caused, significant loss or damage to one or more customers of the alleged participants;

- one or more of the alleged participants has previously been found by a court to have participated in, or has admitted to participating in, cartel conduct either criminal or civil;

- senior representatives within the relevant corporation(s) were involved in authorizing or participating in the conduct ;

- the Government and thus, taxpayers, were victims of the conduct - even where the value of affected commerce is relatively low;

- the conduct involved the obstruction of justice or other collateral crimes committed in connection with the cartel activity.

 The National Competition Council (NCC) is established by Part IIA of the CCA. It is composed of a President and four additional members appointed by the Governor-General for five years period (Section 29C(2)).

  The Council's functions include research and advice on matters referred to it by the Minister. To a certain extent the NCC represents the interests of the individual Australian States making up the Federation.

The National Competition Council

 The former Trade Practices Tribunal has been reestablished as the Australian Competition Tribunal. Its members are judges appointed by the Governor-General for seven-year periods (Section 32). The Tribunal reviews decisions of the ACCC. The Tribunal is not bound by rules of evidence and parties appearing before it need not be represented by members of the legal profession.

The Australian Competition Tribunal

 The ACCC must seek orders from the Federal Courts regarding injunctions or other sanctions it may seek to impose. Further, actions brought pursuant to the State competition statutes must be brought in the appropriate State court (Ex parte McNally, 163 A.L.R. 270, 1999, Austl.).

Global Competition Law

797. The Commonwealth Director of Public Prosecutions

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

797. The Commonwealth Director of Public Prosecutions

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise