s. 45. Allegedly entering into contracts, arrangements or understandings that restrict dealings or affect competition
21 December 2005: Proceedings instituted in the Federal Court, Melbourne, against Visy Industries Holdings Pty Ltd, Visy Industries Australia Pty Ltd and Visy Board Pty Ltd. Proceedings have also been taken against Mr Richard Pratt, chairman of the Visy Group, Mr Harry Debney, the chief executive officer of the Visy Group, and Mr Rod Carroll, the former general manager of Visy Board, for allegedly being knowingly concerned in or party to the contravening conduct by the Visy respondents.
The ACCC alleges that the above respondents engaged in conduct in the corrugated fibreboard container industry that was anti-competitive, including engaging in price fixing and market sharing, in contravention of s. 45 of the Trade Practices Act 1974(Act). The ACCC alleges that between 2000 and late 2004 the Visy respondents entered into and gave effect to anti-competitive arrangements with its principal competitor Amcor Ltd in the supply, throughout Australia, of corrugated fibreboard containers.
3 February 2006: Justice Heerey ruled that Visy should be given access to 21 Amcor documents referred to in the ACCC's statement of claim against Visy. Amcor had argued against the documents being released to Visy as they contained information on the pricing of Amcor's corrugated cardboard supply contracts, saying they should only be shown to Visy's lawyers or an independent expert.
28 July 2006: The matter returned for a further Directions Hearing on 28 July 2006. The first, second and third respondents are to provide a list of documents to be discovered by 27 October 2006 and to make those documents available for inspection by the ACCC by 24 November 2006. The matter is set down for a further directions hearing on 8 December 2006.
September 2006: The First, Second and Third respondents are to provide a list of documents to be discovered by 27 October 2006 and to make those documents available for inspection by the ACCC by 24 November 2006. This matter is listed to return for a further directions hearing on 8 December 2006.
October 2006: This matter is listed to return for a further directions hearing on 8 December 2006.
February 2007: A hearing set down to commence on 1 October 2007.
April 2007: An appeal has been filed in relation to an interlocutory judgment regarding the legal professional privilege attached to the ACCC's discovery documents. A Full Federal Court hearing has been set down for 30 and 31 July 2007.
May 2007: An appeal has been filed in relation to an interlocutory judgment regarding the legal professional privilege attached to the ACCC's discovery documents. A Full Federal Court hearing has been set down for 30 and 31 July 2007.
June 2007: The hearing is set down to commence on 1 October 2007. An appeal has been filed in relation to an interlocutory judgment regarding the legal professional privilege attached to the ACCC's discovery documents. A Full Federal Court hearing has been set down for 30 and 31 July 2007.
July 2007: At the hearing on 30 and 31 July the Full Federal Court refused the respondents' leave to appeal. The hearing related to an appeal by the respondents to an interlocutory judgment regarding the legal professional privilege attached to the ACCC's discovery documents and other issues, including access by the respondents to immunity documents and the striking out of paragraphs of the respondents' defence.
Latest update: The trial was due to start on 1 October 2007; however, the parties have been attempting to narrow the issues in dispute and as a result the hearing is now due to begin on 16 October 2007.
