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Category: Cartel

It’s all happening in Australian competition law ?>

It’s all happening in Australian competition law

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It’s all happening in Australian competition law. In the last blog post I noted that the Harper reforms to Australia’s competition law had commenced. That was six months ago.  I’ve fallen a tad behind on the blog … here’s a brief re-cap of key events over the past six months, with some more detailed posts to follow over the next few weeks: Digital Platform Inquiry On 4 December 2017 the Australian Treasurer, Scott Morrison, directed the ACCC to conduct an…

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Breaking news
Harper reforms commence ?>

Harper reforms commence

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With no warning the Harper Reforms have commenced. Commencement is proclaimed! Last Thursday the Governor General proclaimed that today (6 November 2017) was the day that Schedule 1 of the Competition and Consumer Amendment (Competition Policy Reform) Act 2017 would commence. Commencement of that Schedule triggers commencement of all the others as well as commencement of the misuse of market power reforms in the Competition and Consumer Amendment (Misuse of Market Power) Act 2017. Silence is golden …? The Harper…

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Parliament House Australia
Harper competition reforms now passed ?>

Harper competition reforms now passed

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Last week Parliament passed the most significant reforms to Australia’s competition laws in more than two decades. The legislation The Competition and Consumer Amendment (Competition Policy Review ) Bill 2017 (CPR Bill) includes the majority of reforms recommended in the 2015 Harper Report. The related Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (MMP Act), became law on 23 August this year.  As the name suggests, it contains the reforms to the misuse of market power provisions. However, commencement of those…

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Documents
ACCC to increase focus on evidence-gathering in merger cases ?>

ACCC to increase focus on evidence-gathering in merger cases

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ACCC Chairman, Rod Sims, yesterday delivered a speech at the annual Law Council of Australia’s Business Law Section Competition and Consumer Committee Workshop. He addressed three broad issues: the ACCC’s compliance and enforcement mix investment in the ACCC’s criminal cartel unit merger enforcement He also made two key announcements: that the ACCC is commencing a new review of its cartel immunity and cooperation policy in light of recent experience with criminal cartel investigations; and that the ACCC will be taking…

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First criminal cartel conviction: some initial thoughts ?>

First criminal cartel conviction: some initial thoughts

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In brief Yesterday (3 August 2017) the Federal Court convicted and fined Nippon Yusen Kabushiki Kaisha (NYK) for cartel conduct.  The fine is significant in that it represents the first time that a corporation has been convicted and fined under the criminal cartel laws, introduced in Australia in 2009. The cartel conduct the subject of the proceeding was said to have occurred since 1997 but, because Australia’s criminal cartel laws were only introduced in 2009, the charge related only to…

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First criminal cartel fine: $25 million ?>

First criminal cartel fine: $25 million

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First criminal cartel fine The Federal Court today convicted Nippon Yusen Kabushiki Kaisha (NYK) of criminal cartel conduct and ordered it to pay a fine of $25m (Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876). This was the first successful prosecution under Australia’s criminal cartel provisions which have been in place since 2009. The fine includes a significant discount (50%) for an early guilty plea, cooperation and contrition). Quick summary and background In 2016, following…

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High Court rules on meaning of ‘Market in Australia’ ?>

High Court rules on meaning of ‘Market in Australia’

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The High Court has delivered its second competition law judgment this year (the first was Flight Centre), this time providing some important clarification to the meaning of ‘market in Australia’.  The case revolved around allegations of price fixing in relation to air cargo and was decided by reference to Australia’s (now repealed) price fixing provision (replaced by new cartel laws in 2009).  Despite the fact that the new cartel laws do not require that the market be ‘in Australia’, with…

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Apple goes on the attack ?>

Apple goes on the attack

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There has been plenty of media this week generated by Apple’s latest submission in response to the application by four banks to collectively bargain and boycott Apple in relation to Apple Pay. Brief re-cap: the story so far The application The saga began in August 2016 when four banks (Cth, Westpac, NAB, Bendigo and Adelaide Bank) sought authorisation to collectively bargain with and boycott Apple in relation to Apple Pay.  The ACCC may grant authorsiation for conduct that would otherwise contravene the…

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High Court finds for ACCC in Flight Centre appeal ?>

High Court finds for ACCC in Flight Centre appeal

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The High Court today handed down its decision in the Flight Centre appeal.  The five High Court judges produced four different sets of reasons.  The majority of four-one (Chief Justice French dissenting) concluded that the ACCC’s appeal ought to be allowed.  They reached this conclusion on substantially the same grounds. The ACCC argued that Flight Centre had attempted to induce Singapore Airlines, Malaysia Airlines and Emirates not to discount the tickets they sold directly to customers, that Flight Centre was in competition with those…

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Harper Exposure Draft Legislation Released ?>

Harper Exposure Draft Legislation Released

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The Government today released Exposure Draft legislation (Competition and Consumer Amendment (Competition Policy Review) Bill 2016) designed to implement many of the recommendations made as part of the Competition Policy Review (Harper Review) 2014-2015. Consultation – be quick! Interested parties have relatively little time to respond to the draft legislation (which runs to and is accompanied by a 90 page explanatory memorandum), with submissions due by 30 September 2016.  In addition to Treasury’s review of the draft legislation, the ACCC today commenced two consultations on…

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