Cartels

Federal Court finds cable manufacturer engaged in cartel conduct

The Federal Court has found that an Italian corporation, Prysmian Cavi E Sistemi S.R.L. (Prysmian), engaged in cartel conduct in relation to the supply of high voltage land cables in Australia, in proceedings brought by the Australian Competition and Consumer Commission.

The Court found that Prysmian entered into and gave effect to agreements in breach of the price fixing and exclusionary arrangement provisions of the Trade Practices Act 1974 (now called the Competition and Consumer Act 2010).

Australia’s first criminal cartel charge laid against NYK

Following an investigation by the Australian Competition and Consumer Commission (ACCC), Nippon Yusen Kabushiki Kaisha (NYK), a global shipping company based in Japan, has today pleaded guilty to criminal cartel conduct in the Federal Court.

“This is the first criminal charge laid against a corporation under the criminal cartel provisions of the Competition and Consumer Act,” ACCC Chairman Rod Sims said.

ACCC takes action against alleged cartel conduct in the polycarbonate roofing industry

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against four companies and three individuals for alleged cartel conduct in relation to the supply of polycarbonate roof sheeting (‘polycarb’) to retailers in Australia. Polycarb is commonly used in commercial and home building projects such as pergolas and verandas.

Proceedings have been instituted against:

Federal Court orders Zelko Lendich to pay $120,000 penalty for attempt to induce cartel arrangement between egg producers

The Federal Court has ordered Mr Zelko Lendich, who is a former director of the Australian Egg Corporation Limited (AECL) and the former managing director of Farm Pride Foods Ltd (Farm Pride), to pay a pecuniary penalty of $120,000 for an attempt to induce a cartel arrangement between competing egg producers, in proceedings brought by the Australian Competition and Consumer Commission.

Colgate ordered to pay $18 million penalty in laundry detergent cartel proceedings

The Federal Court has made orders that Colgate-Palmolive Pty Ltd (Colgate) pay total penalties of $18 million for contraventions of the Trade Practices Act 1974 (now called the Competition and Consumer Act 2010) (the Act), following admissions by Colgate in proceedings brought by the Australian Competition and Consumer Commission.

Colgate admitted to entering understandings which limited the supply, and controlled the price, of laundry detergents, and agreed with the ACCC to joint submissions on penalty being put to the court.

Loyal Coal Pty Ltd admits breaching competition law in relation to Mount Penny coal exploration licence tender process

Loyal Coal Pty Ltd (Loyal) has today agreed to resolve the proceedings brought against it by the Australian Competition and Consumer Commission. Loyal has admitted that in early June 2009 when it was majority owned by members of the Obeid family, it:

ACCC appeal upheld in air cargo case

The Full Court of the Federal Court today, by majority, upheld an appeal by the Australian Competition and Consumer Commission in relation to air cargo cartel allegations.

The Full Court found that price fixing conduct engaged in by PT Garuda Indonesia Ltd (Garuda) and Air New Zealand Ltd (Air NZ) relating to the imposition of agreed surcharges on the carriage of air cargo from ports outside Australia to destinations within Australia took place in a “market in Australia”, and consequently breached Australia’s price fixing laws.

ACCC appeals AECL decision

The Australian Competition and Consumer Commission has filed a Notice of Appeal from the Federal Court’s decision on 10 February 2016 dismissing the ACCC’s proceedings against the Australian Egg Corporation Limited (AECL) and four other corporate and individual respondents. The ACCC alleged that the respondents attempted to induce egg producers to enter into an arrangement or understanding to restrict or limit the production or supply of eggs.

ACCC takes action for alleged cartel conduct in the NSW Government’s Mount Penny coal exploration licence tender process

The Australian Competition and Consumer Commission has commenced proceedings in the Federal Court of Australia against eleven respondents for alleged bid rigging conduct involving mining exploration licences in the Bylong Valley, NSW. The respondents are: