Turbulent Legal Seas Ahead for the K-Line

Table of Contents

Share at:

When can business law turn from a civil to a criminal matter? Under the Competition and Consumer Act 2010 (Cth), there may be a criminal court case in the making when individuals or businesses attempt to decrease competition in their respective markets. One form of prohibited activity is a cartel.

What Is A Cartel?

A cartel refers to an illegal arrangement between businesses who agree to cooperate rather than compete with one another with the common goal of increasing profits. It may include practices such as price fixing, bid rigging and controlling output of goods and services.

Let’s examine this issue in light of an ongoing ACCC investigation into Japanese-based global transportation company, Kawasaki Kisen Kaisha (K-Line).

Background

The ACCC is investigating allegations against K-Line for cartel conduct relating to shipping activities between 2009 and 2012. The matter is currently being heard before the Downing Centre Court in Sydney.

Only one other cartel action has been brought by the ACCC. Earlier this year, another Japanese-based global shipping company, Nippon Yusen Kabushiki Kaisha, pleaded guilty to charges under s 44ZZRG of the Act. This matter has currently proceeded to the Australian Federal Court.

Potential Penalties

The penalties enforceable for breach of the Australian Competition laws for cartel conduct can be severe. The Court has the ability to impose a 10 year imprisonment sentence and/or fines of up to $360 000 per cartel offence against and individual. Moreover, for corporations involved in a cartel, fines ordered could be in excess of $10 000 000.

Final Note

The outcomes of both cartel cases will be interesting. The ongoing ACCC investigations serve as a strict reminder to international companies that they will be punished for contraventions of Australia’s competition laws.

Let us know your thoughts on anti-competitive business behaviours by tagging us #lawpath or @lawpath.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Competition Permits in Australia: A State-by-State Breakdown

Do you know when competition permits are required in Australia? Read this article to find out when they’re required in every state.

Casual Loading: When Do Employers Pay It?

Employers should be aware of when they need to pay their employees casual loading. Keep reading to find out when this applies.

Can A Sole Trader Hire Employees?

Can a sole trader hire employees? Short answer, yes. But as an employer, you have additional obligations to comply with.

Can An Employer Force You To Sign A New Contract?

Sometimes, employers will want to alter employment terms. Read here to find out if your employer can force you to sign a new contract.

Can I Sue For Lost Opportunity?

Yes, you can. However, the lost opportunity must arise from a contractual breach, misleading and deceptive conduct or negligence. See more.

Are Employers Liable When An Employee Makes A Mistake Due To Negligence?

Have you ever wondered if an employer is liable for their employee’s negligence? Read this article to find out.