How the cartel reform came to be

This page covers key milestones in the 8-year reform of the Commerce Act's cartel provisions.

Key cartel reform milestones

October 2010

In October 2010, Cabinet considered the outcome of consultation on the discussion document on Cartel Criminalisation. It agreed to release an exposure draft that would include proposals for reform.

Cabinet paper – Cartel criminalisation [PDF, 2.2 MB]

September 2011

In September 2011, Cabinet agreed to the introduction of the Commerce (Cartels and Other Matters) Amendment Bill.

Cabinet paper — Proposed Amendments to the Commerce Act in relation to cartels [PDF, 82 KB]

The regulatory impact statement (RIS) for the Commerce (Cartels and Other Matters) Amendment Bill analyses the impact of different options, including the recommended option of cartel criminalisation.

Regulatory impact statement — Criminalisation of cartels [PDF, 111 KB]

Summary of main options and analysis — Commerce (Cartels and Other Matters) Amendment Bill [PDF, 99 KB] 

December 2015

In December 2015 the then Minister of Commerce, Paul Goldsmith, tabled a supplementary order paper to remove the criminal offence for cartels from the Bill in 2015.

Cabinet paper — Removal of the criminal offence for cartels from the Commerce (Cartels and Other Matters) Amendment Bill [PDF, 109 KB]

Cabinet paper — Minute of decision [PDF, 118 KB]