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ACCC v Australian Egg Corporation Limited and others

Federal Court of Australia, South Australian Registry

 

File details

Appeal

Applicant ACCC
Respondents Australian Egg Corporation Limited and others
File number (appeal) SAD63/2016
Filing date (appeal) 2 March 2016
Hearing Judgment reserved on 16 August 2016
Judges Justice Besanko, Justice Foster, Justice Yates
Registry South Australia
Claim Cartel conduct
Press releases ACCC, 'ACCC appeals AECL decision' (2 March 2016)
Other commentary Gilbert + Tobin, 'The ACCC’s crack-down on cartel conduct continues with the announcement of appeal in egg cartel case' (March 2016)

Trial

Applicant ACCC
Respondents Australian Egg Corporation Limited and others
ACCC claims Cartel conduct
The ACCC claims that the AECL attempted to to induce egg producers to enter into a cartel arrangement.
Hearing 20 April - 29 April 2015
First directions hearing 26 June 2014 before Justice White
(included referral to mediation to commence 'not before 22 July 2014 and conclude by 30 September 2014)
Dispute resolution Assisted dispute resolution filed by ACCC on 30 June 2014
Mediation occurred on 18 September 2014 before Registrar Bochner; matter not resolved
Status Claims dismissed
ACCC v Australian Egg Corporation Limited [2016] FCA 69 (10 February 2016)
Lawyers for Applicant Australian Government Solicitor

ACCC claims

The ACCC instituted proceedings in the Federal Court on 26 May 2014 alleging that Australian Egg Corporation Limited (AECL) (and its managing director and two directors) and two egg producing companies, Ironside Management Services Pty Ltd (T/A Twelve Oak Poultry) and Farm Pride Foods Limited attempted to induce egg producers who were members of AECL 'to enter into an arrangement to cull hens or otherwise dispose of eggs, for the purpose of reducing the amount of eggs available for supply to consumers and businesses in Australia'). It is alleged that this conduct took place after the introduction of the new cartel laws. The ACCC is seeking declarations, injunctions, pecuniary penalties, orders that involved parties establish and maintain a compliance program, adverse publicity orders, community service orders and disqualification from directorship for the three directors alleged to be involved.

See the ACCC's press release.

See ACCC press release post-decision.

 

Media and commentary