By Luke Woodward, Graeme Edgerton, Tadeusz Gielas and Genevieve Harris
New cartel provisions in the Trade Practices Act took effect in July 2009. The most significant change is the introduction of criminal sanctions for individuals and corporations which gives effect to parallel civil prohibitions and criminal offences for cartel conduct. Significant fines and jail terms are possible under the new provisions.

ACCC investigations will now be supported by the Australian Federal Police with wire tapping and other surveillance powers. As the ACCC has made it clear it will refer all serious cartel conduct to the DPP, it is important for businesses to understand the implications of the changes.

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