Cartels

Criminal cartel charges laid against CFMMEU and its ACT branch secretary

Criminal charges have been laid against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its ACT Divisional Branch Secretary, Jason O’Mara, in relation to alleged cartel conduct.  

“The CFMMEU and Mr O’Mara are each charged with attempting to induce suppliers of steelfixing services and scaffolding services to reach cartel contracts, arrangements or understandings containing cartel provisions in relation to services provided to builders in the ACT in 2012 to 2013,” ACCC Chair Rod Sims said.

High Court refuses leave for electrical cable cartel appeal

The High Court has dismissed a special leave application by electrical cable manufacturer Prysmian Cavi E Sistemi S.R.L. (Prysmian), following a decision of the Full Federal Court that upheld the trial judge’s finding that the company had engaged in cartel conduct in the supply of high voltage land cables.

Prysmian is a major international cable manufacturer supplying the energy and telecommunications sectors.

The company had sought special leave to appeal against a decision handed down by the Full Federal Court in March 2018.

ACCC institutes proceedings against Cryosite for alleged cartel conduct

The ACCC has instituted proceedings in the Federal Court against Cryosite Limited for alleged cartel conduct in relation to its entry into an asset sale agreement with Cell Care Australia Pty Ltd (Cell Care).

In June 2017 Cryosite signed an agreement to sell its assets in its cord blood and tissue banking business to Cell Care. On signing the agreement, Cell Care made an upfront, non-refundable payment of $500,000 to Cryosite.

Air NZ penalised $15 million for price fixing

The Federal Court has ordered Air New Zealand (Air NZ) to pay $15 million in penalties after legal action by the ACCC against a global air cargo cartel.

The Court found Air NZ made and gave effect to agreements with other airlines to fix the price of fuel and insurance surcharges on air freight services from Hong Kong, and insurance and security charges from Singapore, to various locations, including Australian airports, between 2002 and 2007.

Criminal cartel charges laid against ANZ, Citigroup and Deutsche Bank

Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank Aktiengesellschaft (Deutsche Bank) and Australia and New Zealand Banking Group Ltd (ANZ) have been charged with criminal cartel offences following an investigation by the ACCC.

Criminal charges have also been laid against several senior executives: John McLean, Itay Tuchman and Stephen Roberts of Citigroup; Michael Ormaechea and Michael Richardson formerly of Deutsche Bank; and Rick Moscati of ANZ.  

Update: Criminal cartel charges to be laid against Citigroup

Further to its earlier statements regarding criminal cartel charges expected to be laid by the Commonwealth Director of Public Prosecutions (CDPP) against ANZ, its Group Treasurer Rick Moscati, and Deutsche Bank, the ACCC can confirm that Citigroup Global Markets Australia Pty Limited is the other company against which charges are expected to be laid, along with a number of individuals.

The expected charges follow an extensive ACCC criminal cartel investigation.

The ACCC will not make any further comment until charges are laid. 

Update: Criminal cartel charges to be laid against Deutsche Bank

Further to its earlier statement regarding criminal cartel charges expected to be laid by the Commonwealth Director of Public Prosecutions (CDPP) against ANZ and its Group Treasurer Rick Moscati, the ACCC can confirm that Deutsche Bank AG is one of the two other companies against which charges are expected to be laid, along with a number of individuals.

The expected charges follow an extensive ACCC criminal cartel investigation.

The ACCC will not make any further comment until charges are laid. 

Record $46 million in penalties for Yazaki cartel

The Full Federal Court has today ordered Japanese company Yazaki Corporation (Yazaki) to pay increased penalties of $46 million for cartel conduct, following an appeal by the ACCC. This is the highest penalty ever handed down under the Competition and Consumer Act (2010).

The trial judge had earlier found that Yazaki had engaged in anti-competitive cartel conduct in the supply of wire harnesses used in the manufacture of the Toyota Camry. The Full Court dismissed Yazaki’s cross-appeal of the trial judge’s finding that it had engaged in cartel conduct.

Second shipping company pleads guilty to criminal cartel conduct

Kawasaki Kisen Kaisha (K-Line), a global shipping company based in Japan, has today entered a guilty plea in the Federal Court to criminal cartel conduct.

K-Line’s plea follows an investigation by the ACCC and charges laid by the Commonwealth Director of Public Prosecutions in relation to cartel conduct concerning the international shipping of cars, trucks, and buses to Australia.

Flight Centre ordered to pay $12.5 million in penalties

The Full Federal Court of Australia has today ordered Flight Centre to pay penalties totalling $12.5 million for attempting to induce three international airlines to enter into price fixing arrangements between 2005 and 2009.

Flight Centre sought to have each airline agree not to offer airfares on its own website that were less than those offered by Flight Centre.

The matter was remitted to the Full Federal Court for determination of penalty, following the ACCC’s successful appeal to the High Court of Australia in December 2016.