The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?

John Campion, Antonio Di Domenico, Sep 13, 2012

Administrative Monetary Penalties (“AMPs”) are monetary penalties where payment is ordered by a decision maker acting under a statutory power. AMPs are popular among regulators, including the Commissioner of Competition, because they fill the gap between true administrative remedies and criminal sanctions. They allow regulators to collect considerable sums without having to prove their cases on the “beyond a reasonable doubt”