Shipping giant NYK cop landmark $25 million penalty for criminal cartel conduct

The ACCC's latest cartel scalp is a big one - $25M against shipping company NYK for a car shipping cartel importing big name car brands.

The case is interesting for a couple of reasons. First, it's a really big penalty - the second highest ever. But NYK actually got off lightly. The maximum penalty was $100M – 10% of NYK's turnover for the year before the offence. The judge assessed $50M as the appropriate penalty, but they scored a 50% discount on top of that for an early guilty plea and co-operation.

Second, the case is the first successful criminal cartel prosecution. There are criminal and civil cartel provisions in the CCA. The ACCC normally uses the civil provisions because a civil case is easier to win. The penalties are the same either way, but for a criminal case the DPP prosecutes and individuals involved can face jail time.

Car industry shake up: Ford, Holden, and the rest

The ACCC has the automotive industry in its crosshairs. It's not happy about complaint handling systems, fuel consumption, emission claims and information sharing with independent repairers.

It's prosecuting Ford for unconscionable and misleading or deceptive conduct. Apparently, after car owners complained about poor performance, Ford said that it was their own driving that caused the issue – despite being aware of "systemic issues". We smell a big penalty coming.

Holden avoided prosecution over its complaint handling procedures by giving undertakings to comply with consumer laws. Embarrassing, and costly to implement the compliance requirements, but it sure beats prosecution and a hefty penalty if they've done the wrong thing.

We're betting this isn't the end of the industry shake-up. Watch this space.

Do not pass go, do not collect $200. Two recent jail sentences for contempt of court

A former online retailer and a company director learnt to ignore a court order at their peril after the Federal Court sentenced them to three and five-month jail terms respectively. Both men were found to be acting in direct contravention with court ordered injunctions restraining them from further breaches of Australian Consumer Law. The lesson is that the ACCC won't stand for this conduct and it's a sure-fire way to earn yourself a ticket to the slammer.

ACCC issues record penalty for less than eggs-act free range claims

You might remember our previous updates about the ACCC proceedings against West Australian egg producer, Snowdale Holdings. The ACCC won their case against them last year for misleading or deceptive free range claims. It wasn't the first time the court has found against egg producers for similar conduct, but at $750,000, this the highest penalty yet for a misleading free range claim.

In April, a national standard was issued that defines a maximum outdoor stocking density of 10,000 hens per hectare, which translates to 1 bird per square metre. The ACCC's evidence highlighted Snowdale's hens were living at a density of up to 14 hens per square metre. We think most people would agree that sounds less than roomy.

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