Cartels

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:

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.