Publications online and works on tap or in pipeline

• C Beaton-Wells and B Fisse, 'U.S. Policy and Practice in Pursuing Individual Accountability for Cartel Conduct:
  A Preliminary Critique' (2011) 56(2) Antitrust Bulletin 277.
• B Fisse, 'RISible: The Regulation Impact Statements on the Competition and Consumer Amendment Bill (No 1) 2011' (2011)
• B Fisse, 'Misleading, Deceptive and Bankrupt: The Second Reading Speech on the Competition and Consumer Amendment Bill (No 1) 2011' (24 Sept 2011)
• B Fisse, 'Untenable Interpretations of the Australian Legislation on Cartel Offences: The Missing 44ZZ?? File' (2011)
• Lexpert Publications, Cartel Offences and Denials of Liability: A Definitive Guide (2011, available as part of package (details on request))
• Lexpert Publications, 'Divide and Conquer? Criminal Cartel Prosecutions and Joint Trials' (2011, available as part of package (details on request))
• Lexpert Publications, 'Cartel Prohibitions, Exceptions, Traps and Loopholes: Liability Control Strategies and Techniques' (2011, available as part of package (details on request))
• Lexpert Publications, '10 Questions to Ask a Law Firm before Engagement to Act for You in a Criminal Cartel Case' (2011; a response to the 'disinfomercial' in BRW. 'Cartel conduct faces the heat', 1 September 2011; questions and answers available on request, but not to law firms)
• B Fisse and C Beaton-Wells, 'The private disclosure of price-related information to a competitor "in the ordinary course of business": A new slippery dip in the political playground of Australian competition law' (2011) 39 ABLR 367; for an abstract see News)
• Fisse, 'Exceptions and Defences in Australian Competition and Consumer Law: A 100-Count Indictment, with Particulars' (2011; clients only during first window)
• Fisse, 'For listed companies only - The new Australian game of price signalling and how to get around ss 44ZZW and 44ZZX by using the s 44ZZY(6) side-step' (2011, available as part of package (details on request))
• C Beaton-Wells and B Fisse, Submission on Commerce (Cartels and Other Matters) Amendment Bill (NZ) (1 August 2011)
• B Fisse and C Beaton-Wells, 'The Continual Regulation of Continuous Disclosure: The Competition and Consumer Amendment Bill (No 1) 2011' (forthcoming CCLJ (2011))
• B Fisse and C Beaton-Wells, Submission to the House of Representatives Economics Committee - Competition and Consumer Amendment Bill (No 1) 2011 (25 May 2011)
• 'The Competition and Consumer Amendment Bill (No 1) 2011 - International Worst Practice' (Competition Policy International, Antitrust Chronicle, 30 August 2011)
• Abstract of above commentary (working draft 8 April 2011)
• Fisse, Sentencing Hypothetical - R v GOCO, Sung and Baron
• Australian Cartel Regulation - Contents
• B Fisse and C Beaton-Wells, Submission to Treasury - Competition and Consumer Amendment Bill (No. 1) Exposure Draft (14 January 2011)
• B Fisse and C Beaton-Wells, 'The Competition and Consumer Amendment Bill (No. 1) (Exposure Draft): A Problematic Attempt to Prohibit Information Disclosure' (2011) 39(1) ABLR 28 (11 February)
• Fisse, Ban on Price Signals No Easy Task (AFR 22 November 2010)
• 'Concerted Practices and Facilitating Practices in Australia: Smoke Signals, Legislative Options and Basic Questions' (working draft 18 Nov 2010)
• Working Party on Criminal Penalties for Cartel Behaviour (2004) (4 mb) (as released on 2 December 2010 pursuant to FOI application of 1 November 2010; reproduced here in full with copyright permission of the Commonwealth)
• Fisse, 'News Limited v South Sydney: Loose Passes from the Bench, Exposure to Penalties and Free Kicks' (forthcoming)
• Fisse, 'The Gorgon Project Authorisation: Medusa, Stheno, and Euryale Stare Down the TPA and Gas the ACCC' (forthcoming)
• Fisse, 'Cartel Offences and Non-Monetary Punishment: The Punitive Injunction as a Sanction against Corporations' in C Beaton-Wells and A Ezrachi, Criminalising Cartels (Hart Publishing, 2011) ch 14
• Beaton-Wells & Fisse, Submission on Cartel Criminalisation to New Zealand Ministry of Economic Development (31 March 2010)
• 'Cartellists beware - do not wear flash suits or shiny shoes' (March 2010)
• Fisse, "Controlling a Price and the Legal Irrelevance of Counterfactual Analysis" (2009)
• Beaton-Wells & Fisse, "The Cartel Offences: An Elemental Pathology" (paper presented at joint Law Council of Australia and Federal Court of Australia workshop on cartel criminalisation, Adelaide, 3-4 April 2009)
• Fisse, "Avoidance and Denial of Liability for Cartel Conduct: Proactive Lawful Escape Routes Left Open by the Cartel Legislation" 2009 Competition Law Conference, Sydney, 23 May 2009
• Fisse, "The Contract Requirement for the Joint Venture Exceptions under Sections 44ZZRO and 44ZZRP" (draft 20 June 2009)
• Fisse, "Recent OFT Cartel Decisions Illustrate Fundamental Flaws in UK Cartel Law" (4 October 2009)
• Fisse, "Supply Agreements between Competitors: Unjustified Per Se Criminal and Civil Liability under the Trade Practices Act 1974 (Cth)" (2009) 15(1) UNSWLJ Forum 17
• Fisse, "Kartelpuffer: A Very Flat and Indigestible Australian Pancake" (24 August 2009)
• "Spun Out - Peter Costello's Palace Revolutions on Cartel Criminalisation" (15 March 2010, updated 25 April 2011)
• Fisse, "Examples of Over-Reach of Criminal and Civil Cartel Prohibitions under the Trade Practices Act 1974 (Cth)" (June 2009)
• Fisse, "The Australian Cartel Prohibitions: Twenty-Two Spurious or Ludicrous 'Arguments' used by Politicians, Treasury and/or the ACCC to 'Justify' Abject Definitional Failure" (September 2009, summary)
• Beaton-Wells & Fisse, Submission to Treasury, Meaning of ‘understanding’ in the Trade Practices Act 1974 (7 April 2009)
• Fisse, Submission to Senate Economics Committee on Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 (20 January 2009)
• Fisse, "An Immunity Policy for Insider Trading and Market Manipulation?" (LCA Corporations Workshop, 21 September 2008)
• Fisse, "Defining the Australian Cartel Offences: Disaster Recovery" (24 June 2008)
• Law Graduation Address, University of Sydney (23 May 2008)
• Fisse, "The Joint Venture Defences under Sections 76C and 76D of the Trade Practices Act" (15 May 2008)
• Fisse, "Price Fixing and the Cremation of Dishonesty by the House of Lords" (14 March 2008)
• Submission to Treasury and Issues Paper (on exposure draft materials released by Government for public consultation on 11 January 2008) prepared by Caron Beaton-Wells of the University of Melbourne and Brent Fisse - available at: http://www.treasury.gov.au/documents/1350/PDF/Dr_Caron_Beaton-Wells_and_Mr_Brent_Fisse.pdf
• Fisse, Annotated Comments on the LCA National Criminal Law Liaison Committee Submission to Treasury 6 March 2008
• Fisse, "The Australian Cartel Criminalisation Proposals: An Overview and Critique" (2007) 4(1) Competition Law Review 51 available at: http://www.clasf.org/CompLRev/Issues/Vol4Iss1Art3Fisse.pdf
• Fisse, “Some Perspectives on the Role of the ACCC: Guidance, Ex Post Evaluation & Legislative Vaporware” (Competition Law Conference, Sydney, 5 May 2007 (110KB pdf)
• Fisse, "The Proposed Australian Cartel Offence: The Problematic and Unnecessary Element of Dishonesty” (paper presented at CRMA Trade Practices Workshop, Barossa Valley Resort, 20 October 2006) (411KB pdf) - revised & updated version has been publshed as "The Cartel Offence: Dishonesty?" (2007) 35 ABLR 235
• Fisse & Corrigan, “Online Antitrust Compliance Training: Fundamental Issues and Best Practices”, American Bar Association, Antitrust Compliance: Perspectives and Resources for Antitrust Counselors (2nd ed 2010), ch 9 (175KB pdf)
• Fisse, "The Dawson Review: Enforcement and Penalties” (2003) 9 UNSWLJ Forum 54-56 (412KB pdf)
• Fisse, "Implementing an Efficient Compliance Program" (PowerPoint 2003)
• Fisse, Leonard & Simpson, "Restructuring GBEs to Implement Competition Policy: Proactive Management of the New Competition Laws" (1995)
• Fisse, "Corporations, Crime and Accountability" (1994) Society for the Reform of Criminal Law Conference, Hong Kong (outline/precis of B Fisse & J Braithwaite, Corporations, Crime and Accountability (1993, Cambridge University Press)
• Fisse, 'Cartel Offences and Non-Monetary Punishment: The Punitive Injunction as a Sanction against Corporations' in C Beaton-Wells and A Ezrachi (eds), Criminalising Cartels (Hart Publishing, 2011) ch 14
• Fisse, "Cartelese: An Australian Scatology" (performance by Kurt Elling tba)
• Fisse, "The Attribution of Criminal Liability to Corporations: A Statutory Model" (1991) 13 Sydney Law Review 277
• Fisse, "Corporate Compliance Systems: The Trade Practices Act and Beyond" (1989) 17 Australian Business Law Review 356
• Fisse, "Reconstructing Corporate Criminal Law: Deterrence, Retribution, Fault, and Sanctions" (1983) 56 Southern California LR 1141-1246
• Fisse, "Refusals to License IP and Section 46 of the TPA" (2007)

Books and Reports 1970-2005

Papers and Chapters in Books 1990-2005

Papers and Chapters in Books 1980-1989

Papers and Chapters in Books 1967-1979