It is not uncommon for competitors to join forces in bidding for a company or responding to tenders.
Since July 2009, the introduction of criminal cartel offences and a new exception for joint ventures has increased the risk that competitors who participate in joint bids in Australia may fall foul of the law. This is because a number of joint bidding practices may be classified as cartel provisions under the new legislation.
Previously, while joint bid arrangements could fall within the prohibition on exclusionary provisions, a broader joint venture exception was available. Under the new law, however, some such practices may not attract the protection of the joint venture exception to cartel conduct.
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Penelope Jessup is a foreign Lawyer in Blake Dawson’s Shanghai office.
博雷道盛上海代表处
中国上海市南京西路1168号中信泰富广场3408-10
Blake Dawson Shanghai office
Suites 3408-10, CITIC Square
1168 Nanjing Road West, Shanghai
邮编 Postal code: 200041
电话 Tel: 86 21 5100 1796
传真 Fax: 86 21 5292 5161
www.blakedawson.com
电子信箱 E-mail:
penelope.jessup@blakedawson.com
