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ACCC v Renegade Gas Pty Ltd (trading as Supagas NSW) and Speed-E-Gas (NSW) Pty Ltd

[2014] FCA 1135 (24 October 2014)

 

Overview

ACCC claims

ACCC alleged cartel conduct

'The ACCC alleges that these companies, through their senior executives and sales staff, gave effect to an anti-competitive cartel arrangement which included not supplying liquid petroleum gas (LPG) cylinders for forklifts to each others' customers.' (ACCC press release)

'The ACCC alleges that in the Sydney basin between 2006 and 2011, in contravention of the Competition and Consumer Act (and formerly the Trade Practices Act), Renegade Gas and Speed-E-Gas gave effect to an anti-competitive cartel arrangement by, among other ways:

  • not approaching customers of the other competitor
  • not offering to supply forklift gas to customers of the other competitor, and
  • offering to supply forklift gas to customers of the other competitor at a price that they knew was not likely to induce the customer to change suppliers.' (ACCC press release)

'The ACCC is seeking declarations, injunctions, pecuniary penalties and costs against Renegade Gas and Speed-E-Gas. In addition to these remedies, the ACCC is also seeking the implementation of a trade practices compliance program by Renegade Gas.' (ACCC press release)

'The ACCC is also alleging that current and former senior executives of both Renegade Gas and Speed-E-Gas implemented the alleged cartel arrangement between Renegade Gas and Speed-E-Gas. The ACCC is seeking declarations, injunctions, banning orders, pecuniary penalties and costs against these senior executives.' (ACCC press release)

 

Case links

 

Other resources

The competition team at DLA Piper but together a 7 minute video relating to this case

View on Youtube: Cartel conduct in a recent Federal Court case