Competition and Consumer Act 2010

ACCC appeals Tribunal decision in Tabcorp-Tatts merger

The Australian Competition and Consumer Commission has applied to the Federal Court for judicial review of the Australian Competition Tribunal’s decision to grant authorisation for Tabcorp Holdings Limited (ASX:TAH) to acquire Tatts Group Limited (ASX:TTS). 

The Tribunal’s reasons for its decision found that the proposed acquisition was likely to result in substantial public benefits and no material detriment.

Court sentences online electronics store operator to three months imprisonment following ACCC contempt action

The Federal Court has sentenced Dhruv Chopra, the former operator of online electronics stores Electronic Bazaar and Dream Kart, to three months imprisonment for failing to comply with court orders made against him in May 2015, following ACCC action for contempt of court.

The Court ordered Mr Chopra to serve one month of the sentence immediately with the remainder suspended on condition that for a period of five years he stop:

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.

Optus to compensate customers shortchanged on data, call and text inclusions

The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Optus Mobile Pty Limited agreeing to compensate customers following an investigation into concerns that Optus was providing less data than advertised to consumers.

The undertaking relates to three separate incidents in 2015 and 2016 where Optus decided to reduce some of the data, calls and/or texts inclusions offered with particular Prepaid products without telling affected customers.

ACCC appeals Yazaki Corporation penalty decision

The Australian Competition and Consumer Commission has appealed the recent decision of the Federal Court imposing a penalty of $9.5 million against Japanese company Yazaki Corporation (Yazaki) for collusive conduct.

“The ACCC submitted to the Court that Yazaki should be ordered to pay a penalty of between $42 million and $55 million, to reflect both the size of Yazaki’s operations and the very serious nature of its collusive conduct,” ACCC Chairman Rod Sims said.

ACCC contempt action results in jail sentence for director

The Federal Court has sentenced the former company director of a parcel distribution business for 'Heartlink' branded products, Laurence Hann, to five months imprisonment for failing to comply with court orders made against him in May 2012, following ACCC action for contempt of Court.

The court found Mr Hann in contempt of court and ordered him to serve two weeks of the five-month sentence with the remainder suspended. The court also ordered Mr Hann to pay the ACCC’s full costs.

Sensis provides undertaking and amends contract terms

The ACCC has accepted a court enforceable undertaking from Sensis Pty Ltd (Sensis) following an investigation into its automatic contract renewal and cancellation processes. The ACCC investigation followed a large number of complaints from small business customers of Sensis.

From at least January 2015 to August 2016, Sensis represented on its website that its Yellow Pages and White Pages bundled print directory and online packages had a monthly fee with a 12-month minimum contract period, but failed to adequately disclose that:

Penalties ordered against Yazaki for collusive conduct

The Federal Court has imposed penalties against a Japanese company, Yazaki Corporation (Yazaki), for engaging in collusive conduct with a competitor when supplying wire harnesses to Toyota Motor Corporation (Toyota) in Australia.

In 2015, the Court found that Yazaki and its competitor coordinated quotes to Toyota for the supply of wire harnesses used in the manufacture of the Toyota Camry in Australia.