In pursuit of global cartels: exploring the dynamics between public and private enforcement - a tale of deterrence and compensation

Topic: In pursuit of global cartels: exploring the dynamics between public and private enforcement - a tale of deterrence and compensation

Presenter: Laura Guttuso - PhD Candidate, TC Beirne School of Law

This thesis analyses the challenges resulting from the interplay between public and private actions against cartels in a structured and novel way. It investigates how the two key goals of anti-cartel enforcement, namely, deterrence, and providing effective compensation to the victims of cartel breaches, can be more optimally brought together. The thesis performs a comparative review across a number of key jurisdictions, these being the United States (US), the European Union (EU) and Australia. It seeks to make a contribution to the important question as to how the public and private enforcement of cartels could be better optimised, particularly by focusing on recommendations workable for Australia. 

At a microscopic level, the thesis will undertake a detailed enquiry into the linkage points at which the two proceedings come together, and how the tensions at these contact points can be reduced. At a more macroscopic level, the thesis aims to move beyond a conventional outlook purely based on utilitarian theories of optimal deterrence and economic efficiency. It will adopt a pluralistic strategy that seeks to accommodate in a complementary way different and in some respects conflicting objectives of deterrence, procedural fairness and corrective justice.

All welcome - no RSVP required.

Contact: Claire Lam, ph: (336) 57903, email: c.lam@law.uq.edu.au