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Australian competition cases

Current cases and recent decisions (where ACCC, ACT or CDPP is a party)

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Further details on current cases can be found from the Federal Law Search website

 

First instance

ACCC v CFMEU

Case details

Applicant ACCC
Respondents Construction, Forestry, Mining And Energy Union (CFMEU)
File Number VID698/2014
Filing date 20 November 2014
Registry Victoria
Judge Justice Middleton
Claims Secondary boycott and undue harassment or coercion
Hearing 12-13 February 2018
(last Directions hearing, 27 October 2017)
Court orders On 4 November 2016 the Court made consent orders dismissing proceedings against the second and third respondents and dismissing certain aspects of the claim against the first respondet, 'without adjudication on the merits'.
Media For further details see my CFMEU case page

 

ACCC v Oakmoore Pty Ltd

Case details

Applicant ACCC
Respondents Oakmoore Pty Ltd
Palram Australia Pty Ltd
Palram Industries (1990) Ltd)
Ampelite Australia Pty Ltd
Mr Henrikus Antonius Verhagen
File Number QUD478/2016
Filing date 22 June 2016
Registry Queensland
Docket Justice Dowsett
Claims Cartel conduct
Hearing Case management hearing listed for 14 December 2017
(last case managmenet hearing was on 20 October 2017)
Media release ACCC, 'ACCC takes action against alleged cartel conduct in the polycarbonate roofing industry' (ACCC Media Release, 23 June 2016)
Media John Durie, 'ACCC still yet to take criminal action in cartel case' (The Australian, 23 June 2016

 

ACCC v Ramsay Health Care

Case details

Applicant ACCC
Respondents Ramsay Health Care Australia Pty Ltd
File Number NSD628/2017
Filing date 1 May 2017
Registry NSW
Docket Justice Griffiths
Legal Representatives Applicant: Baker & McKenzie
Respondent: Johnson Winter & Slattery
Claims Misuse of Market Power and Exclusive Dealing
Hearing Directions hearing listed for 12 December 2017
Media release ACCC, 'ACCC takes action against Ramsay Health Care for alleged anti-competitive conduct' (ACCC Media Release, 1 May 2017)
Media Sarah-Jane Tasker, 'ACCC launches court [sic] against Ramsay over alleged abuse of market power' (The Australian, 1 May 2017)
More

For more details see separate Ramsay Health Care case page.

 

CDPP v Kawasaki Kisen Kaisha

File details

Prosecutor Commonwealth Director of Public Prosecutions
Accused Kawasaki Kisen Kaisha
Court Prosecution commenced in Local Court (Downing Centre Local Court)
First mention 15 November 2016
More

See ACCC media releaese (15 Nov 2016)

Appeal

ACCC v Yazaki Corporation

Case details

APPEAL Lodged 30 May 2017 against penalty
Applicant ACCC
Respondents Yazaki Corporation
Australian Arrow Pty Ltd (second respondent)
Registry South Australia
File number (appeal) SAD139/2017
Filing date (appeal) 30 May 2017
Cross-appeal Filed by Yazaki on 19 June 2017
Hearing (appeal) 13-14 March 2018
Judges Chief Justice Allsop, Justice Middleton, Justice Robertson
Media ACCC appeals Yazaki Corporation penalty decision (ACCC press release, 30 May 2017)
TRIAL Note the ACCC lodged a Notice of Appeal against penalty on 30 May 2017
Applicant ACCC
Respondents Yazaki Corporation
Australian Arrow Pty Ltd (second respondent)
Registry South Australia
Claims Cartel conduct (market sharing and price fixing)
Hearing 3 December - 12 December 2014
Judgment

Australian Competition and Consumer Commission v Yazaki Corporation (No 2) [2015] FCA 1304

The Federal Court found that Yazaki Corporation engaged in collusive conduct with its competitor when supplying wire harnesses to Toyota in Australia. The conduct took place in 2003 and 2008 and breached the exclusionary conduct provisions of the CCA and the Competition Code of Victoria.

Penalty Penalties of $9.5m plus costs were awarded on 9 May 2017. See ACCC media release.

 

 

Judgment reserved

ACCC v Cascade Coal Pty Ltd & Ors

File details

Applicant ACCC
Respondents Cascade Coal Pty Ltd and others
File Number NSD584/2015
Filing date 22 May 2015
Registry NSW
Judge Justice Foster
Claim Bid Rigging
Hearing 4 April - 28 April 2016 (Justice Foster)
Judgment Judgment reserved on 28 April 2016
Judgments Judgement re: request to suppress certain matters in statement of claim:
ACCC v Cascade Coal Pty Ltd (No 1) [2015] FCA 607 (Justice Foster) (19 June 2015)
Settlements One of the respondents, Loyal Coal Pty Ltd, admitted liability: see ACCC Media Release 4 April 2016.
Media For further details see my Cascade Coal case page

 

ACCC v Colgate-Palmolive Pty Ltd (and Cussons and Woolworths)

File details

Applicant ACCC
Respondents Colgate-Palmolive Pty Ltd, Pz Cussons Australia Pty Ltd, Woolworths Ltd
File Number NSD2510/2013
Filing date 12 December 2013
Registry NSW
Docket Justice Wigney
Claim Cartel conduct
Hearing date(s) 7 June - 6 July 2016
Judgment Judgment reserved on 6 July 2016
Media For further details see my Colgate-Palmolive case page
Colgate admissions

Colgate made admissions about conduct contravening the Act and, on 28 April 2016, was ordered to pay penalties totalling $18m plus a contribution toward the ACCC's costs. See media release.

Justice Jagot declared that Colgate had contravened s 45(2)(a)(ii) of the Trade Practices Act by entering into an understanding with Unilever 'containing a provision that they would share with each other confidential and commercially sensitive information relating to the price of their laundry detergent products ... which provision had the effect of controlling the price of laundry deterents supplied by Unilever in November 2008, within the meaning of section 45A(1)'. It was therefore deemed by section 45A to have had the puprpose,e ffect or likely effect of substantially lessening competition in the market for teh 'wholesale supply of powdered and liquid laundry detergent products for domestic use ... within the meaning of section 45(2) of the Act'.

Justice Jagot further declared that Colgate engaged in conduct in contravention of section 45(2)(b)(ii) by giving effect to the information sharing provision and that the third respondent, Paul Ansell, was 'directly or indirectly, knowingly concerned in or party to, and involved in' to contraventions by Colgate.

Colgate was ordered to pay the Cth pecuniary penalties totaling $18million, was ordered to update it complaince and education/training program and to maintain and administer the updated program for a period of three years. Mr Ansell was disqualified from managing corporations for a period of seven years.

Both Colgate and Ansell were also ordered to pay a contribution to the Applicant's costs ($450,000 and $75,000 respectively)

View judgment: Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 2) [2016] FCA 528 (16 May 2016)

 

ACCC v Pfizer Australia Pty Ltd (appeal)

File details

Appellant ACCC
Respondent Pfizer Australia Pty Ltd Acn 008 422 348
File Number NSD242/2015
Filing date 18 March 2015
Appeal from ACCC v Pfizer Australia Pty Ltd [2015] FCA 113
Registry NSW
Judges Justice Greenwood, Justice Middleton, Justice Foster
Claims Misuse of market power and exclusive dealing
Hearing 23-27 November 2015
Judgment Judgment reserved on 27 November 2015
More detail See my Pfizer appeal page for further details.

 

Recently completed ACCC/CDPP cases (last 12 months)

ACCC v ANZ and Macquarie

Case details

Applicant ACCC
Respondents ANZ; Macquarie
File Number NSD2035/2016; NSD2036/2016
Filing date 25 November 2016
Registry New South Wales
Judge Justice Wigney
Claims Attempted cartel conduct
Judgment date 14 December 2016
Judgment ACCC v Australia and New Zealand Banking Group Limited [2016] FCA 1516
Media ACCC media release
'ANZ, Macquirie Bank admit to cartel conduct' (Australian Financial Review, 25 November 2016).
Notes Conduct admitted; joint submission on penalties

 

ACCC v Australian Egg Corporation Limited

Case details

Applicant ACCC
Respondents Australian Egg Corporation Limited and others
File number (appeal) SAD63/2016
Filing date (appeal) 2 March 2016
Hearing (appeal) Judgment reserved on 16 August 2016
Judges Justice Besanko, Justice Foster, Justice Yates
Registry South Australia
Claim Cartel conduct
File Number (trial) SAD121/2014
Filing date (trial) 26 May 2014
Trial Judge Justice White
Hearing 20 April - 29 April 2015
Trial decision Claims dismissed
ACCC v Australian Egg Corporation Limited [2016] FCA 69 (10 February 2016)
More information For further detail see my Australian Egg Corp case page
Press releases ACCC, 'ACCC appeals AECL decision' (2 March 2016)

 

ACCC v Cement Australia Pty Ltd & Ors

File details

APPEAL Note the ACCC lodged a Notice of Appeal against penalty on 6 June 2016
File Number QUD408/2016
Filing date 6 June 2016
Registry Queensland
Hearing 20-22 February 2017
Judgment Judgment reserved on 22 February 2017
Judgment delivered 5 October 2017
(appeal successful/penalties increased)
Judges Justice Middleton, Justice Beach, Justice Moshinsky
Cross-Appeal Filed by Pozzolanic Enterprises Pty Ltd on 1 July 2017
   
TRIAL  
File Number QUD295/2008
Filing date 12 September 2008
Claim Breach of sections 45 and 46
Judge Justice Greenwood
Primary decision 10 September 2013. See my case page for details
ACCC v Cement Australia Pty Ltd [2013] FCA 909 (10 September 2013) (AustLII)
Section 45 claim succeeded. Section 46 claim failed.
Penalty Hearing: 16-18 December 2014.
Judgment: 29 April 2016 (ACCC v Cement Australia Pty Ltd [2016] FCA 453)
Orders made 16 May 2016
ACCC v Cement Australia Pty Ltd [2016] FCA 536 (16 May 2016)
Costs Hearing: 16-18 December 2014.
Judgment: 29 April 2016 (ACCC v Cement Australia Pty Ltd [2016] FCA 453)
Orders made: 16 May 2016
ACCC v Cement Australia Pty Ltd [2016] FCA 536 (16 May 2016)

 

ACCC v Flight Centre (High Court Appeal)

Appeal details

Appellant ACCC
Respondent Flight Centre
Case B15/2016 (see High Court page)
Hearing Heard on 27 July 2016
Judgment Delivered 14 December 2016 (appeal upheld)
ACCC v Flight Centre Travel Group Limited [2016] HCA 49 (High Court page)
ACCC v Flight Centre Travel Group Limited [2016] HCA 49 (High Court summary)
ACCC v Flight Centre Travel Group Limited [2016] HCA 49 (AustLII)
ACCC v Flight Centre Travel Group Limited [2016] HCA 49 (Jade)
Documents

Documents filed are available on the High Court page. They include

  • Appellant's (ACCC) submissions (filed 15 April 2016)
  • Chronology (filed 15 April 2016)
  • Respondent's submissions (filed 6 May)
  • Submissions from International Air Trasnport Association seeking leave to appear as amicus curiae (filed 12 May)
  • Reply (filed 19 May)
  • Judgment (14 December 2016)
Transcript High Court transcript available at AustLII or JADE.
Special leave

Special leave to appeal to the High Court was granted on 11 March 2016

Media ACCC, 'ACCC applies for special leave to appeal to the High Court from the Full Federal Court Flight Centre judgment' (ACCC Media Release, 28 August 2015)
Further detail See main Flight Centre case page

 

ACCC v Olex Australia Pty Limited and Ors

File details

File Number VID725/2014
Filing date 3 December 2014
Registry Victoria
Judge Justice Beach
Respondents Australian Regional Wholesalers Pty Limited (Acn 011 009 064) and Ors
ACCC claims Cartel conduct in 2011 (see Press Release)
Hearing Commenced 24 November 2015 - 12 February 2016 (break over Dec-Jan)
Judgment 9 March 2017
ACCC v Olex Australia Pty Ltd [2017] FCA 222 (case dismissed)
Judgment reserved on 16 March 2016
More information For further details see my Olex Australia case page

 

ACCC v Prysmian Cavi E Sistemi Energia SRL (Formerly Pirelli Cavi E Sistemi Energia SPA) & Ors

File details

Applicant ACCC
Respondents Prysmian Cavi E Sistemi Energia S.R.L. (Formerly Pirelli Cavi E Sistemi Energia S.P.A.) (first respondent)
Nexans Sa Rcs Paris 393 525 852 (Second respondent)
Viscas Corporation ARBN 133 203 595 (Third respondent)
File Number SAD145/2009
Filing date 23 September 2009
Registry SA
Judge Justice Besanko
Claim Bid rigging and price fixing
Hearing 14-15 September 2015
Judgment 20 July 2016
ACCC v v Prysmian Cavi E Sistemi S.R.L. (No 12) [2016] FCA 822

 

Air New Zealand v ACCC; PT Garuda Indonesia Ltd v ACCC

File details

HIGH COURT (APPEAL)
Appellants Air New Zealand and PT Garuda Indonesia Ltd
Respondent ACCC
Hearing 2-3 March 2017
Judgment Air New Zealand Ltd v ACCC; Pt Garuda Indonesia Ltd v ACCC [2017] HCA 21 (High Court page) (14 June 2017)
(appeal unanimously dismissed)
Case details S245/2016 (Air New Zealand): View High Court web page for case
Appellant submissions and chronology 18 November 2016
Respondent submissions 9 December 2016
Reply 23 December 2016
(all documents available on High Court page)

S248/2016 (PT Garuda Indonesia): View High Court page
Submissions due as above
Special leave Granted 14 October 2016 (Justices Keane and Gordon)
Air New Zealand v ACCC; PT Garuda Indonesia Ltd v ACCC
[2016] HCATrans 245
Appeal from ACCC v P T Garuda Indonesia Ltd [2016] FCAFC 42
   
FULL FEDERAL COURT (APPEAL)
Appellant ACCC
Respondent Air New Zealand
File number NSD1331/2014
File Numbers
(first instance)
NSD1331/2014 [ACCC v Air New Zealand Limited]
NSD1330/2014 [ACCC v PT Garduda Indonesia Ltd]
Filing date (appeal) 16 December 2014
Appeal from ACCC v Air New Zealand Limited [2014] FCA 1157 (Justice Perram)
(visit case page)
Registry NSW
Claim Price fixing
Hearing 17-24 August 2015
Judges Justice Dowsett, Justice Yates, Justice Edelman
Judgment 21 March 2016 (Appeal Upheld)
ACCC v P T Garuda Indonesia Ltd [2016] FCAFC 42
ACCC Press Release ACCC, 'ACCC appeals air cargo cartel decision' (17 December 2014)

 

CDPP v Nippon Yusen Kabushiki Kaisha

File details

Prosecutor Commonwealth Director of Public Prosecutions
Accused Nippon Yusen Kabushiki Kaisha
File Number NSD1143/2016
Filing date 14 July 2016
Registry NSW
Docket Justice Wigney
Claim Cartel conduct
Plea NYK pleaded guilty on 18 July 2016
Sentencing hearing 11 April 2017
Judgment 3 August 2017
Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876
First criminal cartel conviction (discount for guilty plea)
Legal Representative(s) Accused HWL Ebsworth Lawyers
Richard Westmoreland
Legal Representative Prosecutor Sam Indyk
More

For more details see separate NYK case page.

Recently completed: judicial review

ACCC v Australian Competition Tribunal & Anor

Case details

Applicant ACCC
Respondents Australian Competition Tribunal
Tabcorp Holdings Limited
Tatts Group Ltd
File Number VID751/2017
Filing date 10 July 2017
Registry Victoria
Judge Justice Perram
Hearings Hearing: 28-29 August 2017 (concurrent with VID762/2017)
Case management hearing: 14 July 2017 at 9:30am
(Tatts were joined as third respondent and dates set)
Judgment ACCC v Australian Competition Tribunal [2017] FCAFC 150 (22 Sept)
ACCC's application for judicial review regarding process for determining merger authorisation
Lawyers (applicant) DLA Piper Australia
Lawyers (respondent) Herbert Smith Freehills (Tabcorp)
Clayton Utz (Tatts)
Claims Judicial Review alleging error of law in application of merger authorisation public benefits test
Original decision Tabcorp Holdings and Tatts Group - proposed merger (ACT 1 of 2017)
Related matter Crownbet v Australian Competition Tribunal & Anor
Documents filed Originating application for relief under s 39B Judiciary Act 1903 and Affidavit filed by ACCC on 10 July 2017. Interlocutory application, submisssions and affidavit filed by Tatts Group 13 July 2017.

Crownbet v Australian Competition Tribunal & Anor

Case details

Applicant ACCC
Respondents Australian Competition Tribunal
Tabcorp Holdings Limited
Tatts Group Ltd
File Number VID762/2017
Filing date 10 July 2017
Registry Victoria
Judge Justice Perram
Hearings Hearing: 28-29 August 2017 (concurrent with VID751/2017)
Case management hearing: 14 July 2017 at 9:30am
(Tatts were joined as third respondent and dates set)
Judgment ACCC v Australian Competition Tribunal [2017] FCAFC 150 (22 Sept)
ACCC's application for judicial review regarding process for determining merger authorisation
Lawyers (applicant) Minter Ellison
Lawyers (respondent) Herbert Smith Freehills (Tabcorp)
Clayton Utz (Tatts)
Claims Judicial Review alleging error of law in application of merger authorisation public benefits test
Original decision Tabcorp Holdings and Tatts Group - proposed merger (ACT 1 of 2017)
Related matter ACCC v Australian Competition Tribunal & Anor
Documents filed Originating application for judicial review and affidavit filed by Crownbet 12 July 2017.