Kawasaki Kisen Kaisha Ltd (K-Line) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018. Justice Wigney of the Federal Court stated that the penalty “should send a powerful message to multinational corporations” and that “anti-competitive conduct will not be tolerated”. It is … Read more
The ACCC is at the forefront of the global debate on the implications and consequences of digital platforms for competition and consumers. In its final report, the ACCC has approached the challenges and opportunities presented by digital platforms by adopting a holistic approach that takes account of the close links between competition, consumer and privacy … Read more
In July 2017, Aurizon and Pacific National entered into a number of agreements for the sale and purchase (or subcontract) of Aurizon’s Acacia Ridge Terminal, its interstate intermodal business and its Queensland intermodal business. The ACCC alleged that in doing so Aurizon and Pacific National reached an understanding that had (or Pacific National’s proposed acquisition … Read more
In this, fifth episode, Veronica Roberts, an anti-trust partner in Herbert Smith Freehills’ competition practice, leads a discussion about foreign direct investment in Australia. She talks to Matt Fitzgerald, a corporate partner at Herbert Smith Freehills and Stephen Adams, senior director at Global Counsel. Read more
We have recently published the tenth edition of the Australian Foreign Investment Review. In this edition, we focus on the key takeaways from FIRB’s 2017-18 Annual Report, new legislation relating to foreign investment, highlight some key issues for investors looking at data intensive sectors and the financial services sector and look forward to the balance … Read more
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their cooperation with the ACCC’s investigation. The maximum penalty is … Read more
