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.
|Number of pages||14|
|Journal||Criminal Law Review|
|Publication status||Published - 2014|
- School of Law - Professor of Competition Law
- Centre for Competition Policy - Member
- Competition, Markets and Regulation - Member
Person: Research Group Member, Research Centre Member, Academic, Teaching & Research