Competition Law Cases

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 (closed): Delta and director found to have attempted bid rigging ([2023] FCA 880). Penalties judgment ([2024] FCA 580)

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: Convictions entered: 2 x fines of $15m [2024] FCA 121

Guilty plea (Bingo): 16August 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.

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: 23 Feb 2024 (Conviction and fines: [2024] FCA 122

Guilty pleas: 27 February 2023

Indictment: 14 December 2022

Docket: Justice Wigney

Legal Rep for accused: Macedone Legal

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)

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

See ACCC media release (penalty)

See ACCC v Swift Networks Pty Ltd [2023] FCA 1064 (7 Sept 2023)

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