Commonwealth Director of Public Prosecutions v Wallenius Wilhelmsen Ocean AS [2021] FCA 52

Commonwealth Director of Public Prosecutions v Wallenius Wilhelmsen Ocean AS [2021] FCA 52

The appropriate sentence for Wallenius Wilhelmsen Ocean AS for intentionally giving effect to cartel provisions, contrary to s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth), is a fine of $24 million. This reflects the serious and systematic nature of the cartel conduct, the offender's senior management involvement, the significant economic market affected, the need for general and specific deterrence, and consideration of two additional offences under s 16BA. The penalty is reduced by 20% for the early indication of guilty plea but not for cooperation, as no evidence supported additional cooperation. The penalty is lower than that imposed on NYK and K-Line, reflecting lesser...

Jurisdiction
Australia
Judgment Date
04 February 2021
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
WWO convicted and fined
Legal Topics
['cartel Conduct' 'sentencing of Corporations' 'market Allocation' 'parity Principle']
['competition Law' 'criminal Law'] ['cartel Conduct' 'sentencing of Corporations' 'market Allocation' 'parity Principle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['What is the appropriate pecuniary penalty for Wallenius Wilhelmsen Ocean AS for intentionally giving effect to cartel provisions contrary to s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth)?' 'How should the Court take into account additional offences under s 16BA of the Crimes Act 1914 (Cth)?' 'What discount should be applied for a guilty plea and cooperation?' 'How should the principle of parity apply compared to sentences imposed on NYK and K-Line?']

Ratio Decidendi

The appropriate sentence for Wallenius Wilhelmsen Ocean AS for intentionally giving effect to cartel provisions, contrary to s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth), is a fine of $24 million. This reflects the serious and systematic nature of the cartel conduct, the offender's senior management involvement, the significant economic market affected, the need for general and specific deterrence, and consideration of two additional offences under s 16BA. The penalty is reduced by 20% for the early indication of guilty plea but not for cooperation, as no evidence supported additional cooperation. The penalty is lower than that imposed on NYK and K-Line, reflecting lesser...

Court Disposition

WWO convicted and fined

Orders

  • ['Wallenius Wilhelmsen Ocean AS is convicted of the offence of intentionally giving effect to cartel provisions contrary to s 44ZZRG(1) of the Competition and Consumer Act 2010 (Cth) between 1 June 2011 and 31 July 2012, in connection with the transport of vehicles to Australia.' 'Wallenius Wilhelmsen Ocean AS is...