Cartels | Cases

There have been no High Court cases dealing with the cartel laws in Division 1 of the CCA.

ACCC v Flight Centre Limited (No 2) [2016] HCA 49
Attempted price fixing - inducement - competitors - market definition - vertical supply arrangement (focus on whether Flight Centre was acting of agent of airlines and whether this prevented them being competitors; majority held it did not prevent them being competitors)

Air New Zealand Ltd v ACCC; PT Garuda Indonesia Ltd v ACCC [2017] HCA 21
Price fixing; 'market in Australia'; s 4E

ACCC v Australian Egg Corporation Limited [2017] FCAFC 152 (25 September 2017)
Allegations of attempting to induce cartel conduct (dismissed)

The following cases considered the previous price fixing condition and remain relevant to consideration of a number of common elements of the new cartel provisions

Contract, arrangement or understanding

Apco Service Stations Pty Ltd v ACCC [2005] FCAFC 161
Meaning of arrangement or understanding

TPC v Nicholas Enterprises (1979) 40 FLR 83
Contract, arrangement or understanding

TPC v Service Station Association Ltd (1993) 44 FCR 206
Contract, arrangement or understanding

Competitors

ACCC v ANZ Ltd [2013] FCA 1206; [2015] FCAFC 103
Price fixing - competitors - market definition - vertical supply arrangement

Fixing, controlling or maintaining price

Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd (1983) 68 FLR 70 (external)
Joint advertising scheme - whether price fixing

Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876
First criminal cartel conviction; $25m penalty (50%discount for guilty plea)

ACCC v Olex Australia Pty Ltd [2017] FCA 222
Considered whether there was a cartel or boycott (exclusionary provision)
Case dismissed

Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013)
Bid rigging - contract arrangement understanding - competitors - anti-overlap

The following cases considered the previous price fixing condition and remain relevant to consideration of a number of common elements of the new cartel provisions.

ACCC v Leahy Petroleum Pty Ltd [2007] FCA 794
Meaning of arrangement or understanding

ACCC v TF Woollam & Son Pty Ltd [2011] FCA 973 (24 August 2011)
Price fixing - cover pricing in building tenders

ACCC v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617
Price fixing - remedies

TPC v David Jones (Australia) Pty Ltd (1986) 13 FCR 446
Establishing collusion; price fixing

TPC v Email Ltd (1980) 43 FLR 383
Establishing collusion; price fixing