CDPP v Bingo Industries Pty Ltd; CDPP v Tartak

Federal Court of Australia
[2024] FCA 121 (23 February 2024)
Justices Wigney

Catchwords

CRIMINAL LAW – sentencing – cartel conduct – making an arrangement containing a cartel provision – giving effect to a cartel provision – where corporate offender provided collections services and processing services for building and demolition waste in the Sydney metropolitan region – where the offender and its chief executive officer pleaded guilty – consideration of objective seriousness of the cartel offences – consideration of appropriate discounts for mitigating factors including plea of guilty and cooperation with law enforcement agencies – consideration of specific and general deterrence in sentencing cartel conduct – consideration of totality principle and parity with sentence imposed on co-offenders – consideration whether disqualification order should be made under s 86E of the Competition and Consumer Act 2010 (Cth) – appropriate sentence

In brief

Sentencing judgment following Bingo Industries and its CEO, Daniel Tartak, pleading guilty to two cartel offences.

Convictions were entered against Tartak and sentences imposed, including imprisonment (to be served by way of intensive correction) and monetary fines. Tartak was also disqualified from managing corporations for five years.

Convictions were entered against Bingo, with fines totalling $30,000,000.