The Australian Competition and Consumer Commission has instituted court proceedings against eight companies and 10 individuals, alleging that they fixed retail petrol prices in the Geelong area, in contravention of the Trade Practices Act 1974.
The ACCC has instituted proceedings against the following respondents:
- Leahy Petroleum Pty Ltd, Mr Ian Carmichael and Mr Michael Warner;
- Apco Service Stations Pty Ltd and Mr Peter Anderson;
- Pegasus Retail Pty Ltd, Mr Bruno Gallucci and Mr Andrew Pitman;
- United Geelong Pty Ltd and Mr Einokalevi Heikkila;
- Brumar (Vic) Pty Ltd and Mr Garry Dalton;
- United Retail Pty Ltd and Mr Colin Williamson;
- Liberty Oil Pty Ltd and Mr Alan Shuvaly; and
- Andrianopoulos Motors Pty Ltd and Mr Christos Andrianopoulos.
The respondents were involved in retailing or distributing petrol in the Geelong area under the BP, APCO, Mobil, Shell and Liberty brands.
The ACCC alleges that they were part of a long-standing price-fixing arrangement during the 1990s until December 2000. The ACCC alleges the respondents entered into arrangements or understandings to increase retail petrol prices by telephoning one another in advance and communicating the size and approximate time of a price rise. Further calls were made between the companies if any site did not raise its prices at the time discussed in an effort to make that site increase to the same price. The ACCC seeks penalties for more than 100 occasions from 1999 and 2000 when it alleges the companies entered into or gave effect to the arrangements.
The ACCC is seeking:
- penalties;
- injunctions;
- declarations;
- findings of fact;
- the implementation of trade practices compliance programs; and
- costs.
A directions hearing for these matters is listed for 24 November 2003 before Justice Gray in the Federal Court, Melbourne.