find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Judge takes on cartels

Judge takes on cartels

White collar crime

Melbourne Law School has held its annual Baxt Lecture where a US judge addressed the issue of cartel activity.

No, not like in Narcos. The topic was ‘Designing cartel sanctions: a continuing debate’, focusing on the regulation of anti-competitive behaviour by corporations.

The 2017 Baxt Lecture was held at Melbourne Law School’s Woodward Conference Centre on Wednesday night. It was hosted by the school’s Competition Law and Economics Network, and presented by US Court of Appeals Judge Douglas Ginsburg.

The lecture was intended to generate debate about big-picture policy issues and provide comparative insights from another jurisdiction, according to Melbourne Law School.

“Questions regarding the most appropriate and most effective sanctions for cartel conduct continue to engage the minds of competition authorities and commentators worldwide,” Judge Ginsburg said in the abstract of the lecture.  

“Corporate fines remain the sanction of choice for most authorities and, in the United States and Europe at least, fining levels continue to spiral in the search for optimal deterrence.

“[The lecture] will propose two guiding principles in the determination of the optimal sanctions for so-called hardcore cartels: first, that the total sanction be great enough, but no greater than necessary, to take the profit out of price-fixing; and second, that the individuals responsible for the price-fixing should be given a sufficient disincentive to discourage them from engaging in the activity.

The lecture coincided with the ACCC’s campaign for heavier fines for companies that work together to swindle customers, according to Melbourne Law School. This includes a recent High Court victory for the ACCC over airlines Garuda Indonesia and Air New Zealand, which had engaged in price-fixing.

An ACCC commissioner also made comments at the lecture.

Judge Ginsburg has gained extensive judicial experience over a career spanning nearly five decades. He has taught at numerous law schools in the US and UK, held several positions in the US Department of Justice and served as a Court of Appeals judge since 1986.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Judge takes on cartels
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...