Redress Facilitation Orders as a Sanction Against Corporations

Abstract

The PhD thesis upon which Laura was working before her tragic death sought to resolve the intractable question of whether two key goals of anti-cartel enforcement, namely (a) deterrence and (b) compensation, can be achieved more effectively by integrating their pursuit. The potential capacity of redress facilitation orders both to facilitate compensation and to enhance deterrence is one aspect of that question. This article canvasses the possibility of redress facilitation orders designed to facilitate compensation for loss caused by cartel and other unlawful conduct and at the same time to enhance deterrence. It advances a statutory model for redress facilitation orders under the Competition and Consumer Act 2010 (Cth) (CCA). The model advanced is Australian in legislative style but could readily be adapted elsewhere.