ACCC egg appeal dismissed

Posted by Andrea Hogan on 27th September 2017

The Australian Federal Court has dismissed the ACCC’s appeal against a decision that dismissed allegations that a group had attempted to induce egg producers to enter into a cartel arrangement.

The Australian Competition and Consumer Commission (ACCC) alleged that at a ‘Egg Oversupply Crisis Meeting’ the Australian Egg Corporation Limited, and others, attempted to induce egg producers to enter into a cartel arrangement to reduce the supply of eggs, in response to a perceived oversupply of eggs.

In February 2016, the Australian Federal Court dismissed the ACCC’s allegations. The appeal against this decision has now also been dismissed.

ACCC Chairman, Rod Sims, said the ACCC commenced its proceedings as it was concerned that the alleged attempted cartel arrangement had been successful.

“The ACCC appealed to the Full Court to seek clarity about what conduct is sufficient to constitute an attempt to induce cartel conduct, particularly in the context of conduct by a trade association interacting with its members,” Sims said.

“This case highlights the importance of the Federal Government’s Competition Policy Reform Bill, which introduces a concerted practices prohibition into Australian competition law.

“The ACCC will carefully consider the judgment of the Full Court.”

The ACCC first instituted proceedings in May 2014.


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