Cases
ACCC cases (first instance)
-
ACCC v Delta Building Automation
ACCC alleges cartel conduct: ‘… that Mr Davis, acting on behalf of Delta, attempted to make, or attempted to induce the making of, an arrangement or understanding with a competitor to engage in bid rigging.‘
Status: Delta and director found to have attempted bid rigging ([2023] FCA 880). Penalties to be determined.
-
ACCC v Mastercard
ACCC alleges contravention of exclusive dealing provision (s 47) and misuse of market power through conduct having purpose of substantially lessening competition in each case.
Hearing: 24 March 2025 - 29 April 2025 (Justice Wigney)
-
ACCC v Qteq
ACCC alleges cartel conduct by oil and gas services company Qteq. Conduct involves attempting to induce competing businesses to enter cartel agreements between 2017 and 2019.
Docket: Justice Bromwich
Hearing: 11-27 March 2024
Status: Judgment reserved on 27 March 2024
Legal Rep Respondent: Clayton Utz
View ACCC media release.
-
COMPLETED: ACCC v Techtronic
ACCC alleged resale price maintenance in relation to certain power tools between 2015-2021. See ACCC media release (includes concise statement).
Hearing: 16-18 October 2023 (Justice Colvin)
Judgment: 30 November 2023 (RPM found; penalty imposed)
-
COMPLETED: ACCC v Bluescope Steel
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)
Hearing on remedies 12 April 2023 (judgment reserved)
Trial: Sept-Nov 2021
-
COMPLETED: ACCC v Swift Networks
The ACCC alleges technology company Swift Networks engaged in bid rigging and price fixing when tendering to supply equipment and services to Pilbara mining village sites.
Order: Penalty of $1.2m
Finding: Cartel conduct admitted
Hearing: 7 September 2023
Docket: Justice Colvin
See ACCC media release (penalty)
See ACCC v Swift Networks Pty Ltd [2023] FCA 1064 (7 Sept 2023)
Criminal prosecutions
-
COMPLETED: CDPP v Aussie Skips
Aussie Skips Bin Services Pty Ltd, Aussie Skips Recycling Pty Ltd and Mr Emmanuel Roussakis pleaded guilty to criminal cartel conduct in relation to price fixing for demolition waste services in Sydney.
Bingo has previously pleaded guilty in relation to the same cartel.
Sentencing: 22-23 May 2023
Guilty pleas: 27 February 2023
Indictment: 14 December 2022
Docket: Justice Wigney
Legal Rep for accused: Macedone Legal
-
COMPLETED: CDPP v Bingo Industries Ltd (and CDPP v Tartak)
Bingo Industries has entered guilty pleas in relation to criminal cartel conduct. The conduct relates to allegations of price fixing for demolition waste services in Sydney.
Bingo’s former manager and CEO (Daniel Tartak) was also been charged with two criminal offences and has pleaded guilty.
Sentencing: Listed for 9 March 2023 (Judgment reserved)
Guilty plea (Bingo): 16 August 2022
Guilty plea (Tartak): 20 October 2022
Indictment: 16 August 2022
Docket: Justice Wigney
Legal Rep Bingo: Herbert Smith Freehills
View CDPP v Tartak Cth Courts Page
View Bingo media release.
Appeals
-
Bluescope Steel Ltd v ACCC
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)
Judgment at trial on 29 August 2023 (record cartel penalty of $57.5 million imposed) and 9 December 2022 (liability)
Appeal lodged: 22 September 2023
-
CFMMEU/J Hutchinson v ACCC
CFMMEU and J Hutchinson successfully appealed against fine imposed for construction boycott in the Full Federal Court. The ACCC are seeking leave to appeal to the High Court
Leave to appeal lodged: 2 April 2024
FC Appeal lodged: 27 September 2022
FFC Hearing: 25-26 May 2023
FFC Judgment: 29 February 2024
View my case page (first instance)
Private actions
-
Dialogue Consulting v Instagram
Allegations of misleading or deceptive conduct, unconscionable conduct, anti-competitive conduct (s 45), misuse of market power (s 46) and exclusive dealing (s 47)
Docket: Justice Beach
-
Engage Marine v Tasmanian Ports Corporation
Related to earlier ACCC misuse of market power action against TasPorts
Case management: 15 Sept 2023
Docket: Justice O’Bryan
File: VID71/2023
See related judgments
Engage Marine Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2023] FCA 665
Application for access to court documents -
Epic Games v Apple
Claim of misuse of market power.
Hearing scheduled: 4 March 2024 (listed together with Epic v Google)
Docket: Justice Perram
-
Epic Games v Google
Alleges misuse of market power by Google of its control over Android, restricting competition in payment and app distribution
Hearing scheduled: 4 March 2024 (listed together with Epic v Apple)
Docket: Justice Perram
-
Stillwater Pastoral Co v Stanwell Co
Allegations of misuse of market power in breach of s 46. Class action.
See eg, AFR article (18 June 2020)
Hearing scheduled: 3 June 2024
Docket: Justice Derrington
Last updated: 16 April 2024