ACCC v Olex Australia Pty Ltd
[2017] FCA 222 (9 March 2017)
Overview
According to the ACCC's 2014 press release:
"The ACCC alleges that during 2011, Olex, Prysmian, Rexel and L&H entered into and gave effect to an arrangement that included provisions which had the purpose of:
- preventing, restricting, or limiting the supply of electrical cable by Olex and Prysmian directly to contractors and other customers,
- allocating electrical contractors and other customers to the wholesalers,
- preventing, restricting, or limiting the acquisition of electrical cable by certain wholesalers from suppliers other than Olex and Prysmian, and
- fixing, controlling, or maintaining the price of cutting services provided by Olex and Prysmian.
The alleged conduct mainly occurred at industry association meetings. The ACCC is alleging that the EWAA aided, abetted, and/or was knowingly concerned in the contraventions of the manufacturers and wholesalers. The ACCC also alleges that Rexel and Prysmian engaged in bid rigging by making and giving effect to a contract, arrangement, or understanding that Prysmian would submit a higher bid to Caltex than the price it submitted to Rexel for the supply of electrical cable for an upgrade of the Kurnell Refinery in Botany Bay, NSW."
Judgment
Justice Beach delivered his 200+ page judgment on 9 March 2017; details to follow
Orders
"1. The applicant’s originating application be dismissed.
2. The applicant pay the respondents’ costs of and incidental to this proceeding including all reserved costs."
Case links
ACCC v Olex Australia Pty Ltd [2017] FCA 222 (Federal Court)
ACCC v Olex Australia Pty Ltd [2017] FCA 222
