Hoffmann-La Roche, BASF Aktiengesellschaft and Takeda Chemical Industries
ss. 45, 45A. Alleged market sharing and price fixing
23 August 2001: Proceedings were instituted in the Federal Court, Melbourne, against three of the largest foreign producers of vitamin C used for human consumption.
The proceedings arise from alleged agreements that were made and implemented overseas between January 1991 and October 1995 and which was part of the broader global vitamins cartel which came to an end in about 1999. In 2001 the ACCC was successful in securing record penalties of $26 million against Roche Vitamins Australia Pty Ltd, BASF Australia Limited, and Aventis Animal Nutrition Pty Ltd for their involvement in arrangements to fix prices and allocate market shares of animal vitamins A and E and pre-mix.
The ACCC has obtained leave of the Federal Court to serve the proceedings on some of the respondents located in Switzerland, Germany and Hong Kong, and is preparing to seek similar leave regarding the remaining respondents.
A directions hearing has been set for 27 November before Justice Merck in the Federal Court, Melbourne.
27 November 2004: Directions hearing held. Another directions hearing has been set for 22 April 2005.
22 April 2005: Directions hearing adjourned until October 2005.
3 February 2006: The Direction hearing was adjourned until 7 July 2006. The Applicant’s motion seeking leave to serve the Fourth, Sixth, Seventh, Eighth, and Eleventh Respondents outside the Commonwealth pursuant to Order 8 Rule 2(2) of the Federal Court Rules was adjourned to 7 July 2006.
7 July 2006: the ACCC discontinued its proceedings in the Federal Court against foreign producers of vitamin C used for human consumption. The proceedings were discontinued after further investigations indicated that the cartel arrangements made by the foreign companies were probably not given effect to in Australia.
