10 August 2017
On 3 August 2017, his Honour Justice Wigney delivered the first criminal cartel judgment under the criminal cartel provisions of the Competition and Consumer Act 2010 (Cth) (CCA) against Nippon Yusen Kabushiki Kaisha (NYK), a Japanese shipping line.
The decision is informative as it underlines the importance of compliance with Australia's cartel laws and that if Justice Wigney's approach is followed, significantly higher penalties will be imposed for criminal cartels. The decision is also important as to the extraterritorial operation of Australia's criminal cartel laws.
Legal and Practical Implications of Australia's First Criminal Cartel Case in 100 Years