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Serious cartel conduct, criminalisation and evidentiary standards: Lessons from the Coal Vend case of 1911 in Australia

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  • Martin Shanahan
  • David Round

Abstract

The criminalisation of anti-competitive behaviour such as price fixing has long been a feature of US antitrust law. Some European countries have introduced criminal penalties for price fixing while in others the matter is under debate. Australia introduced such laws in 2009. Of critical importance when considering criminalisation is the evidentiary standard expected in criminal prosecutions. A century ago, in the Coal Vend case, the High Court of Australia broke new evidentiary ground in applying forensic accounting and economic methods to examine price fixing. Subsequently overturned, much could still be learnt by policy makers and competition agencies from this case.

Suggested Citation

  • Martin Shanahan & David Round, 2009. "Serious cartel conduct, criminalisation and evidentiary standards: Lessons from the Coal Vend case of 1911 in Australia," Business History, Taylor & Francis Journals, vol. 51(6), pages 875-906.
    • Handle: RePEc:taf:bushst:v:51:y:2009:i:6:p:875-906
    DOI: 10.1080/00076790903281025
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    References listed on IDEAS

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    1. Parret, L.Y.J.M., 2008. "Sense and nonsense of rules on proof in cartel cases," Discussion Paper 2008-004, Tilburg University, Tilburg Law and Economic Center.
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    Cited by:

    1. Bradley Bowden, 2012. "A History Of The Pan‐Pacific Coal Trade From The 1950s To 2011: Exploring The Long‐Term Effects Of A Buying Cartel," Australian Economic History Review, Economic History Society of Australia and New Zealand, vol. 52(1), pages 1-24, March.
    2. Monica Keneley, 2020. "Reflections on the Business History Tradition: Where has it Come from and Where is it Going to?," Australian Economic History Review, Economic History Society of Australia and New Zealand, vol. 60(3), pages 282-300, November.

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