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Record W7128627543 · doi:10.26180/10064861

Between a Rock and a Softer Place: Cartel Settlements in Australia and Canada

2019· article· W7128627543 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueMonash University · 2019
Typearticle
Language
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsnot available
Fundersnot available
KeywordsCartelDiscretionSettlement (finance)Adversarial systemHuman settlementDamagesIncentive

Abstract

fetched live from OpenAlex

The concept of defendants in cartel cases making admissions, outside of immunity programs, is relatively undeveloped, except in the US. However, as the number of cartels under investigation has increased (due to the signifi cant increase in penalties and the offer of full immunity to the fi rst whistleblower to come forward and cooperate with the regulator) and the time and resources that must be deployed in a full adversarial disposition of a case makes litigation impractical in most cases, both regulators and defendants are seeking ways to expeditiously resolve disputes through settlements or leniency deals. The release of a number of important policy discussion papers and the recent adoption of a formal settlement process in the European Commission, suggest there is momentum for change. This paper discusses the risks and benefi ts of the use of such procedures and then moves to a comparison of the approaches to leniency in Canada and Australia. It is an opportune moment for such a comparison because both jurisdictions have similar legal and institutional arrangements and have recently passed similar important amendments to their cartel laws. The Canadian regulator seized the moment and embraced policies designed to encourage defendants to cooperate in exchange for leniency. In contrast, the Australian regulator passed up its chance, preferring to retain its discretion and reject the notion that it will openly cut deals. This paper argues that the ACCC should take seriously its Canadian counterpart’s response and reconsider its approach

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.256
Threshold uncertainty score0.663

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.013
GPT teacher head0.230
Teacher spread0.217 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it