Cartels

Ex BlueScope GM Jason Ellis convicted and sentenced for obstructing ACCC cartel investigation

Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), was sentenced to eight months imprisonment, for inciting the obstruction of an ACCC investigation into alleged price fixing by BlueScope.

Late yesterday, Magistrate Atkinson ordered that Mr Ellis be released, without entering custody, upon entering into a recognizance in the sum of $1,000, on the condition that he be of good behaviour for two years. Magistrate Atkinson also ordered that Mr Ellis pay a fine of $10,000. 

ANZ, Citigroup and Deutsche Bank committed for trial in Federal Court on criminal cartel charges

Australia and New Zealand Banking Group Ltd (ANZ), Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG (Deutsche Bank) and six senior banking executives have today all been committed to the Federal Court of Australia for trial on criminal cartel charges.

The banks and the executives, John McLean, Rick Moscati, Michael Ormaechea, Michael Richardson, Stephen Roberts and Itay Tuchman, were committed from the NSW Local Court in Sydney today following committal proceedings.

Criminal cartel charges laid against pharmaceutical ingredient company and its former export manager

Alkaloids of Australia Pty Ltd and its former export manager, Christopher Kenneth Joyce, have each been charged with 33 criminal cartel offences, contrary to the Competition and Consumer Act 2010, formerly the Trade Practices Act 1974, following a criminal investigation by the ACCC.

The matters will be prosecuted by the Commonwealth Director of Public Prosecutions (CDPP).

Action over alleged market sharing cartel in the overhead crane industry

The ACCC has today commenced civil proceedings in the Federal Court against overhead crane company NQCranes Pty Ltd, alleging it engaged in cartel conduct in contravention of the Competition and Consumer Act.

The ACCC alleges that NQCranes entered into a signed agreement with a competitor in the overhead crane market in August 2016. This agreement allegedly included a cartel provision to share the market by not targeting each other’s customers for overhead crane parts and servicing in Brisbane and Newcastle.

Ex BlueScope GM Jason Ellis pleads guilty to obstructing cartel investigation

Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited (BlueScope), has today entered a guilty plea in Sydney’s Downing Centre Local Court to one charge of inciting the obstruction of Commonwealth public officials in the performance of their functions.

The charge arose from actions taken by Mr Ellis during the ACCC investigation into alleged cartel conduct by BlueScope and its representatives. The matter is being prosecuted by the Commonwealth Director of Public Prosecutions (CDPP).

Wallenius Wilhelmsen pleads guilty to criminal cartel conduct

Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct.

After an ACCC investigation, on 23 August 2019 the Commonwealth Director of Public Prosecutions (CDPP) charged WWO with cartel conduct regarding the transportation of vehicles, including cars, trucks and buses, to Australia between June 2011 and July 2012.

Cartel immunity policy strengthened, whistleblowing tool launched

The ACCC has strengthened its cartel immunity and cooperation policy to enhance its transparency and clarify its scope.

The updated immunity policy, which has been informed by experience gathered during key criminal investigations, will come into effect on 1 October 2019.

It will continue to cover cartel conduct such as price-fixing, market sharing, bid rigging and customer allocation, and will clarify that the policy does not cover anti-competitive concerted practices.

ACCC immunity & cooperation policy: frequently asked questions - October 2019

This document supplements the ACCC immunity and cooperation policy for cartel conduct – October 2019. The frequently asked questions may be amended from time to time to address issues that may arise in the application of the policy.

ACCC immunity & cooperation policy for cartel conduct - October 2019

This policy sets out the ACCC’s approach to applications for immunity from proceedings initiated or authorised by the ACCC or the Office of the Commonwealth Director of Public Prosecutions (CDPP) in relation to cartel conduct, and how cooperation provided to the ACCC by cartel participants will be recognised.