Cartels

Priorities 2015

In his first speech of the year, Chairman Rod Sims launches the 2015 edition of the ACCC’s Compliance and Enforcement Policy at CEDA in Sydney. Mr Sims announces cartel conduct in government procurement, truth in advertising, competition and consumer issues in the health sector and industry codes as new priorities. He also outlines the ACCC’s role in ensuring privatisation delivers for consumers, improving the functioning of the financial system given the competition focus of the Murray report, ensuring a smooth transition for consumers to NBN services and reviewing water rules to improve outcomes in the Murray-Darling Basin.

ACCC appeals air cargo cartel decision

The Australian Competition and Consumer Commission has lodged a notice of appeal from the Federal Court’s decision to dismiss the ACCC’s proceedings against Air New Zealand Ltd (Air New Zealand) and PT Garuda Indonesia Ltd (Garuda) in relation to an alleged air cargo cartel.

In its proceedings, the ACCC alleged that Air New Zealand and Garuda contravened the Trade Practices Act 1974, now called the Competition and Consumer Act 2010 (the Act), by fixing the level of various surcharges to be applied to air cargo services supplied by a number of airlines between 2001 and 2006.

Full Federal Court upholds validity of examination notices issued to Paul and Moses Obeid and dismisses appeal

The Full Federal Court has today dismissed the appeal of Paul and Moses Obeid and upheld the decision that compulsory examination notices issued by the Australian Competition and Consumer Commission to Paul and Moses Obeid are valid.

The notices were issued under Section 155 of the Competition and Consumer Act 2010 (CCA) and require Paul and Moses Obeid to attend the ACCC offices, give evidence before the ACCC, and produce documents.

Court dismisses air cargo cartel proceedings against Air New Zealand and Garuda Indonesia

The Federal Court has dismissed proceedings brought by the Australian Competition and Consumer Commission against Air New Zealand Ltd (Air New Zealand) and PT Garuda Indonesia Ltd (Garuda) for alleged price fixing in the air cargo industry.

The proceedings against Air New Zealand and Garuda concerned alleged arrangements or understandings with other international air cargo carriers in the period between 2001 and 2006, to fix fuel, security and insurance surcharges on air cargo services.

Court orders penalties of $8.3 million for Sydney forklift gas cartel

The Federal Court has by consent ordered penalties totalling $8.3 million against Renegade Gas Pty Ltd (trading as Supagas NSW, a privately owned company) (Renegade Gas), Speed-E-Gas (NSW) Pty Ltd (Speed-E-Gas) (a wholly owned subsidiary of Origin Energy Limited), and three current and former senior officers of the two companies for engaging in cartel conduct.

Updated Immunity Policy to uncover cartel conduct

The Australian Competition and Consumer Commission has published its updated Immunity and Cooperation Policy for Cartel Conduct.

“Due to the difficulty in detecting cartels and the damage that cartels cause to competitors and consumers, identifying and prosecuting cartel conduct is an enduring priority for the commission,” ACCC Chairman Rod Sims said.

“This immunity policy and the threat of civil and criminal penalties are fundamental to the effective discovery and disruption of cartel conduct.”

ACCC immunity & cooperation policy: frequently asked questions

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

ACCC institutes proceedings against OmniBlend Australia

Update: Following agreement between the parties regarding consent orders other than penalty, on 17 August 2015 the ACCC's proceedings in relation to allegations of attempted price fixing conduct by Omniblend Australia Pty Ltd were dismissed. The ACCC's proceedings in relation to the resale price maintenance allegations were the subject of declarations and other orders of the Court made on the same day.

 

Federal Court upholds validity of examination notices issued to Paul and Moses Obeid

The Federal Court has today found that compulsory examination notices issued by the Australian Competition and Consumer Commission to Paul and Moses Obeid are valid.

The notices were issued under Section 155 of the Competition and Consumer Act 2010 (CCA) and require Paul and Moses Obeid to attend the ACCC offices, give evidence and produce documents in private examinations. Justice Farrell dismissed Moses and Paul Obeid’s application seeking a declaration that these notices are invalid.