ACCC v Cryosite Limited (FCA)

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Written By Julie Clarke

Federal Court of Australia
Justice Beach

ACCC v Cryosite Limited [2019] FCA 116 (13 February 2019)

Issues: cartels, gun jumping, mergers

See my case page

Catchwords

COMPETITION – cartel conduct – restricting or limiting supply – market sharing – contract containing a cartel provision – conduct giving effect to cartel provision – pecuniary penalty

Legislation

Competition and Consumer Act 2010 (Cth) - s 44ZZRD - s 44ZZRJ - s 44ZZRK - s 76

Overview

In 2018 The ACCC instituted proceedings against Cryosite for alleged cartel conduct relating to an asset sale agreement with Cell Care Australia.

The asset sale agreement 'required Cryosite to refer all customer enquiries to Cell Care after the agreement was signed but before the acquisition was completed' and the ACCC alleges that this constituted 'gun jumping' and amounted to 'cartel conduct because it restricted or limited Cryosite’s supply of cord blood and tissue banking services and allocated potential customers from Cryosite to Cell Care'.

Julie Clarke
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