2018 compliance & enforcement priorities

In his annual CEDA address, Chairman Rod Sims launched the ACCC's 2018 Compliance and Enforcement policy. This year, the ACCC will focus on consumer issues in broadband services and energy, competition in the financial services and commercial construction sectors, systemic consumer guarantee issues, and conduct that may contravene the new misuse of market power and concerted practices provisions.

Criminal cartel proceedings commenced against Country Care and its managers

Following an investigation by the ACCC, criminal charges have been laid against The Country Care Group Pty Ltd (Country Care), its Managing Director, Robert Hogan, and a former employee, Cameron Harrison. 

The charges relate to alleged cartel conduct involving assistive technology products used in rehabilitation and aged care, including beds and mattresses, wheelchairs and walking frames. 

Country Care is based in Mildura, Victoria.

The charges are listed for mention before the Magistrates’ Court of Victoria in Mildura on 14 March 2018.

Law Council of Australia

Chairman Rod Sims outlines the ACCC's new approach to information gathering in merger analysis, and how an increase in resources for cartel investigations over the past three years resulted in this week's once-in-a-century conviction for cartel conduct.

NYK convicted of criminal cartel conduct and fined $25 million

The Federal Court has today convicted Japanese shipping company Nippon Yusen Kabushiki Kaisha (NYK) of criminal cartel conduct and ordered it to pay a fine of $25 million: the second-highest imposed in ACCC history.

Today’s judgment also marks the first successful prosecution under the criminal cartel provisions of the Competition and Consumer Act 2010 (CCA).

Prysmian to pay penalty of $3.5m for engaging in cartel conduct

The Federal Court has imposed a pecuniary penalty of $3.5 million against Prysmian Cavi E Sistemi S.R.L. (Prysmian), an Italian corporation, for engaging in cartel conduct in relation to the supply of high voltage land cables in Australia.

The Court found in July last year that Prysmian had entered into and given effect to agreements involving price guidance to competitors and project allocation. The contravening conduct related to an Australian project in 2003 to supply high voltage land cables and accessories to the Snowy Mountains Hydro Electric Scheme.

High Court rules in ACCC's favour in air cargo cartel case

The High Court of Australia today found that price fixing agreements entered into between Air New Zealand Ltd (Air NZ), PT Garuda Indonesia Ltd (Garuda), and other international airlines, which occurred between 2002 and 2006, breached Australia’s competition law.

“This is a significant win for the ACCC in the long-running, highly contested air cargo cartel proceedings,” ACCC Commissioner Sarah Court said.

Federal Court imposes multi-million dollar penalties on ANZ and Macquarie Bank for attempted cartel conduct

The Federal Court has imposed multi-million dollar penalties on Australia and New Zealand Banking Group Limited (ANZ) and Macquarie Bank Ltd (Macquarie) for attempted cartel conduct after action by the Australian Competition and Consumer Commission.

Following the filing of joint statements of facts and submissions by the parties, Justice Wigney imposed penalties of: