ACCC v Leahy Petroleum Pty Ltd

Federal Court of Australia
[2007] FCA 794

Justice Gray

Key words

cartel - price fixing - contract, arrangement or understanding - commitment

Legislation

Trade Practices Act 1974 - sections 45, 45A

Summary

The ACCC alleged that several petrol retailers in the Geelong area had made and given effect to price fixing provisions. It was not in dispute that parties had made calls to each other and discussed prices before raising their own, including discussion about the timing and size of possible increases.

Justice Gray held that there as no 'contract, arrangement or understanding' between the parties because there was no ‘commitment’ or obligation to increase prices.