Competition Law Cases

ACCC alleged cartel conduct in the form of attempting to induce distributors and manufacturers to enter into agreements containing a price fixing provision (2013-2014)

NOTE: Appeal lodged 22 September 2023

Judgment (penalty): 29 August 2023 (record cartel penalty of $57.5 million imposed)

Judgment: 9 December 2022 (finding majority of ACCC’s allegations proved - there was an attempt to induce agreements containing a price fixing provision)

ACCC alleged ARM and its former managing director engaged in cartel conduct by attempting to rig bids for the tender for a building project at Charles Darwin University.

Both parties admitted conduct.

Hearing on 13 April 2023.

ARM fined $900,000

Allen fined $75,000

Docket: Justice Moshinsky

See original ACCC media release (including Concise Statement)

See ACCC media release (13 April 2023)

Allegation of anti-competitive agreements. ACCC unsuccessful at trial. Appeal lodged July 2021. Cross Appeal filed by Port Botany Operations on 18 August 2021.

Appeal failed: 16 March 2023

Judges: Chief Justice Allsop, Justice Yates, Justice Beach

It was alleged that Alkaloids of Australia (overseas suppliers of the ingredient SNBB (hyoscine butylbromide) ) and their export manager, Mr Joyce, ‘made and gave effect to arrangements to fix prices, restrict supply, allocate customers and/or geographical markets, and/or to rig bids for the supply of SNBB to international manufacturers of generic antispasmodic medications’ over a period of almost 10 years.

The company and former export manager pleaded guilty to criminal cartel conduct.

Alkaloids was fined nearly $2m and Joyce was sentenced to 32 months imprisonment, a fine and disqualification from managing corporations until November 2027.

Judge: Justice Abraham

Judgment: 29 November 2022

The ACCC alleged (and Court agreed) that NQCranes entered into and signed an agreement with a competitor that included a cartel provision (market sharing).

Hearing: 26 October 2022

Judge: Justice Abraham

View judgment (23 November 2022) (penalty of $1m)

Respondents admitted bid rigging. Joint penalty submissions resulted in total penalties of $420,000

Judgment: 14 September 2022

Corporate and individual respondents pleaded guilty (with exception of one individual). Vina Money convicted and fined $1m. Individuals convicted and sentenced to varying time in prison, but all released on good behaviour bonds.

Sentencing judgement: 9 June 2022

Judge: Justice Abraham

ACCC v Australasian Food Group Pty Ltd

Peters Ice Cream found to have engaged in exclusive dealing conduct ‘which hindered or prevented competition for the supply of single-wrapped ice creams to petrol and convenience retailers‘. Penalty of $12m. Conduct admitted.

Judgment: 25 March 2022

ACCC granted interlocutory injunction to halt proposed merger. Virtus subsequently announced it would not proceed with proposed acquisition.

Discontinued by ACCC: 1 March 2022

CDPP v ANZ, Deutsche Bank, Citigroup and others.

Allegations of criminal cartel conduct relating to trading in ANZ shares held by Deutsche Bank and Citigroup.

Withdrawn: 11 Feb 2022