ACCC alleges attempted price fixing in funeral celebrants market

The Australian Competition and Consumer Commission has instituted legal proceedings against Dally M Publishing and Research Pty Ltd and its director, Mr Dally Messenger, for allegedly contravening the Competition Code of Victoria*.

The ACCC alleges that the company and Mr Messenger attempted to make an arrangement with or induce funeral celebrants to collectively adopt and charge an increased fee for civil funeral ceremonies. The ACCC alleges such conduct had the purpose or was likely to have the effect of fixing the price for such services.

It is alleged the offending conduct occurred in relation to civil funeral ceremonies conducted by funeral celebrants in connection with services supplied to operators of funeral homes in the Melbourne metropolitan area. 

It is alleged that the conduct took place at, and following, a meeting initiated and arranged by the company and Mr Messenger and convened in September 2005. 

The ACCC is seeking:

• declarations that the alleged conduct of Dally M Publishing and Research Pty Ltd** and Mr Messenger was in breach of the Competition Code of Victoria
• injunctions restraining the company and Mr Messenger from engaging in such conduct in the future
• an order that the company implement a trade practices compliance program
• an order that the company and Mr Messenger pay a pecuniary penalty, and
• an order that the parties pay the ACCC's costs of the proceeding.

The matter has been listed for a directions hearing in the Federal Court, Melbourne before Justice Finkelstein on 20 April 2007.

Background

*The Competition Code of Victoria is a Victorian law, which forms a part of a single National Competition Policy that applies across Australia. Under the Trade Practices Act 1974, the ACCC is often restricted to instituting proceedings against corporations for anti-competitive conduct; under the Code, the ACCC can institute proceedings for such conduct directly against individuals.

**The company Dally M Publishing and Research Pty Ltd trades as International College of Celebrancy.