Competition Assessment
Kinsman Legal offers a fixed price package to review your business records and provide an assessment of the risk that your business has breached competition laws, in particular the prohibition against cartel conduct. If an assessment shows that your business has a high risk of cartel involvement then Kinsman Legal can advise on legal strategies to minimise the impact on your business. Impacts can be significant and include investigation and prosecution by competition law enforcement agencies, distraction of management and reputation impacts.
If you are buying an existing business there is a risk that past contraventions of competition law by that business will come to light after purchase. In that circumstance your business can be liable to investigation and prosecution for historical conduct prior to your purchase of the business.
Cartel conduct is prosecuted vigorously and penalties are significant
Cartel conduct is illegal "per se", ie there does not need to be any proven effect. Cartel conduct includes:
Agencies that investigate and prosecute competition law breaches pursue suspected cartel conduct vigorously and relentlessly. Penalties are substantial and recent law changes in Australia have criminalised cartel conduct and provide for imprisonment of individual who are found guilty of breaching cartel laws. Responding to an investigation can impose significant costs on your business even if your business is ultimately not prosecuted.
Rely on the experience of Kinsman Legal
David Peters, Principal of Kinsman Legal, has significant experience in cartel investigations and prosecutions. David's experience includes:
David knows first hand the significant impact cartel investigations and prosecutions can have on a business and on the business's staff who must respond to investigating agencies. Investigating agencies have significant powers including search and seizure of evidence and interrogation powers.
What to do
If you are concerned that your business has contravened cartel laws then you should act quickly. Contact Kinsman Legal now for a confidential and no obligation discussion of your options. The cost of Kinsman Legal conducting a competition assessment of your business will vary depending on the size of your business and the period of time the competition assessment covers.
If you are buying an existing business there is a risk that past contraventions of competition law by that business will come to light after purchase. In that circumstance your business can be liable to investigation and prosecution for historical conduct prior to your purchase of the business.
Cartel conduct is prosecuted vigorously and penalties are significant
Cartel conduct is illegal "per se", ie there does not need to be any proven effect. Cartel conduct includes:
- Price fixing;
- Market or customer sharing;
- Restricting output; and
- Bid rigging.
Agencies that investigate and prosecute competition law breaches pursue suspected cartel conduct vigorously and relentlessly. Penalties are substantial and recent law changes in Australia have criminalised cartel conduct and provide for imprisonment of individual who are found guilty of breaching cartel laws. Responding to an investigation can impose significant costs on your business even if your business is ultimately not prosecuted.
Rely on the experience of Kinsman Legal
David Peters, Principal of Kinsman Legal, has significant experience in cartel investigations and prosecutions. David's experience includes:
- conducting internal investigations and assessments for clients who are concerned that cartel laws have been breached by the business;
- working for government agencies investigating and prosecuting organisations for cartel conduct; and
- representing organisations being investigated and prosecuted for cartel conduct.
David knows first hand the significant impact cartel investigations and prosecutions can have on a business and on the business's staff who must respond to investigating agencies. Investigating agencies have significant powers including search and seizure of evidence and interrogation powers.
What to do
If you are concerned that your business has contravened cartel laws then you should act quickly. Contact Kinsman Legal now for a confidential and no obligation discussion of your options. The cost of Kinsman Legal conducting a competition assessment of your business will vary depending on the size of your business and the period of time the competition assessment covers.