ACCC v Leahy Petroleum [2004] FCA 1678

ACCC v Leahy Petroleum [2004] FCA 1678

The respondents, by engaging in co-ordinated communication and parallel price increases, participated in and gave effect to a price-fixing understanding in contravention of the Trade Practices Act, and certain individual respondents were knowingly involved; effecting increases through phone calls and meetings was sufficient to bring conduct within s 45A per se prohibition. The principal companies are liable for their employees’ participation in the cartel as conduct was within the scope of employment.

Parties
Applicant: ACCC; First Respondent: Leahy Petroleum Pty Ltd; Second Respondent: Leahy Petroleum - Retail Pty Ltd; Third Respondent: Triton 2001 Pty Ltd; Fourth Respondent: J. Chisholm Pty Ltd; Fifth Respondent: Justco Pty Ltd; Sixth Respondent: Apco Service Stations Pty Ltd; Seventh Respondent: Brumar (VIC) Pty Ltd; Eighth Respondent: John Robert Gourley; Ninth Respondent: Robert Andrew Levick; Tenth Respondent: Robin Herbert Palmer; Eleventh Respondent: Anthony Brian Rosenow; Twelfth Respondent: Justin Matthew Bentley; Thirteenth Respondent: Peter Joseph Anderson; Fourteenth Respondent: Garry Victor Dalton; Fifteenth Respondent: Cavallo Volante Pty Ltd (formerly Balgee Oil Pty Ltd) (subject to deed of company arrangement); Sixteenth Respondent: Peter Robert Muller
Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Civil / Liability Judgment – Further Hearing on Penalty and Other Relief Adjourned
Outcome
Liability found (contraventions established); orders to file proposed directions for penalty and further relief within 14 days.
Legal Topics
Price Fixing, Cartel Conduct, Australian Consumer Law, Trade Practices Act
Competition Law Price Fixing Cartel Conduct Australian Consumer Law Trade Practices Act

Case Brief

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Parties

ACCC

Applicant

Leahy Petroleum Pty Ltd

First Respondent

Leahy Petroleum - Retail Pty Ltd

Second Respondent

Triton 2001 Pty Ltd

Third Respondent

J. Chisholm Pty Ltd

Fourth Respondent

Justco Pty Ltd

Fifth Respondent

Apco Service Stations Pty Ltd

Sixth Respondent

Brumar (VIC) Pty Ltd

Seventh Respondent

John Robert Gourley

Eighth Respondent

Robert Andrew Levick

Ninth Respondent

Robin Herbert Palmer

Tenth Respondent

Anthony Brian Rosenow

Eleventh Respondent

Justin Matthew Bentley

Twelfth Respondent

Peter Joseph Anderson

Thirteenth Respondent

Garry Victor Dalton

Fourteenth Respondent

Cavallo Volante Pty Ltd (formerly Balgee Oil Pty Ltd) (subject to deed of company arrangement)

Fifteenth Respondent

Peter Robert Muller

Sixteenth Respondent

Procedural Posture

Civil / Liability Judgment – Further Hearing on Penalty and Other Relief Adjourned

Legal Issues

  1. 1 Whether respondents were parties to or gave effect to a price-fixing understanding in contravention of ss 45(2)(a)(ii) and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth)
  2. 2 Whether certain communications constituted such an understanding
  3. 3 Agency/principal liability for acts of employees

Ratio Decidendi

The respondents, by engaging in co-ordinated communication and parallel price increases, participated in and gave effect to a price-fixing understanding in contravention of the Trade Practices Act, and certain individual respondents were knowingly involved; effecting increases through phone calls and meetings was sufficient to bring conduct within s 45A per se prohibition. The principal companies are liable for their employees’ participation in the cartel as conduct was within the scope of employment.

Court Disposition

Liability found (contraventions established); orders to file proposed directions for penalty and further relief within 14 days.

Orders

  • Within 14 days the parties file minutes of proposed directions for the further hearing in relation to penalty or any other remedies or relief that is appropriate.