Hot topic (Criminal Cartels)

An indictment in Australia's first criminal cartel case was filed by the Commonwealth Director of Public Prosecutions on Thursday 14 July 2016.

Nippon Yusen Kabushiki Kaisha pleaded guilty before Justice Wigney on 18 July 2016

On 3 August 2017 Justice Wigney convicted Nippon Yusen Kabushiki Kaisha (NYK) of criminal cartel conduct and ordered it to pay a fine of $25m. This was the first successful prosecution under Australia's criminal cartel provisions which have been in place since 2009. The fine included a significant discount (50%) for an early guilty plea, cooperation and contrition)

• See case page for details: CDPP v Nippon Yusen Kabushiki Kaisha
• See ACCC media release.
• See judgment.

 

Background

Australia introduced criminal penalties for cartel conduct on 24 July 2009. This represents the first action brought by the Director of Public Prosecutions pursuant to the criminal cartel laws.

Further reading

See Cartel page.

View MOU between the Commonwealth Director of Public Prosecutions and the Australian Competition and Consumer Commission Regarding Serious Cartel Conduct

View Prosecution Policy of the Commonwealth