Abstract
This article examines the revised cartel offence and in particular the new ‘obtaining legal advice’ defence. It suggests that the defence should be afforded a purposive interpretation by the courts. Read literally, it undermines the offence by defeating the purpose of the legislation and creating an absurdity that runs counter to effective legal policy.
Original language | English |
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Article number | 12 |
Pages (from-to) | 877-890 |
Number of pages | 14 |
Journal | Criminal Law Review |
Volume | 12 |
Issue number | 2014 |
Publication status | Published - 2014 |
Profiles
-
Andreas Stephan
- School of Law - Professor of Competition Law & Head of School
- Centre for Competition Policy - Member
- Competition, Markets and Regulation - Member
Person: Research Group Member, Research Centre Member, Academic, Teaching & Research