Securing Compliance: A Principled ApproachHart Publishing, 2004 - 284 strani Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators. |
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ACCC accept accountability administrative settlements agreement ALRC Antitrust applied approach associated ATPR Australian administrative law Australian Competition Australian Competition Tribunal bargaining and negotiation basis characterised civil claims collective goals Commission Commission’s competition law competition regulation concerning constitutional values context contravention costs court criminal law decision decision-making deterrence model deterrence theory economic effective efficiency enforceable undertakings ensure Enterprise Act 2002 evaluate firms formal Galligan harm Ibid identify imposed involve judicial justice Law Review liberal democratic ment merger undertakings moral negotiated penalty settlements normative outcomes Oxford parties plea bargaining Practices Act 1974 principles procedural fairness proceedings proportionality prosecutor Pty Ltd punishment punitive quantum of penalty regu regulatory enforcement regulatory goals regulatory implementation regulatory offences regulatory wrongs relevant response risk sanctions secure compliance seeking strategy strict liability substantive suspected theory tion Trade Practices Act traditional crimes Tunney Act unlawful conduct violations wrongdoing