ACCC v Olex Australia Pty Ltd

Snapshot

Federal Court of Australia

Year
2017

Citations
[2017] FCA 222

Judge
Justice Beach

Issues
Bid rigging/price fixing

Hearing
Commenced 24 November 2015 - 12 February 2016 (break over Dec-Jan)

Judgment reserved
16 March 2016

File
VID725/2014

Applicant
ACCC

Respondents

1. Olex Australia Pty Limited (ACN 087 542 863)

2. Tony Stewart Dunstan

3. Prysmian Power Cables & Systems Australia Pty Limited (ACN 096 594 080)

4. John Llyr Lewis Roberts

5. Rexel Electrical Supplies Pty Ltd (ACN 000 437 758)

6. Australian Regional Wholesalers Pty Limited (ACN 011 009 064)

7. Guy Picken

8. Lawrence & Hanson Group Pty Ltd (ACN 080 350 812)

9. Robin Norris

10. Brian Alexander Webb

11. Laurence Thomas Murphy

12. Electrical Wholesalers Association Of Australia Limited (Acn 064 644 300)

Counsel for ACCC

Mr P W Collinson QC with:
Mr A J McClelland QC
Mr A D Barraclough
Ms C E M Exell

Solicitor for ACCC

Webb Henderson

Counsel for first and second respondents

Mr M H O’Bryan QC with
Mr N P De Young

Solicitor for first and second respondents
Herbert Smith Freehills

Copyright
Case extracts reproduced pursuant to the Federal Court's copyright notice: FCA Copyright Page, permitting reproduction of case material. Text sourced from official

Copyright

Facts and summary

The ACCC's 2014 press release states:

"The ACCC alleges that during 2011, Olex, Prysmian, Rexel and L&H entered into and gave effect to an arrangement that included provisions which had the purpose of:

• preventing, restricting, or limiting the supply of electrical cable by Olex and Prysmian directly to contractors and other customers,

• allocating electrical contractors and other customers to the wholesalers,

• preventing, restricting, or limiting the acquisition of electrical cable by certain wholesalers from suppliers other than Olex and Prysmian, and

• fixing, controlling, or maintaining the price of cutting services provided by Olex and Prysmian.

The alleged conduct mainly occurred at industry association meetings. The ACCC is alleging that the EWAA aided, abetted, and/or was knowingly concerned in the contraventions of the manufacturers and wholesalers. The ACCC also alleges that Rexel and Prysmian engaged in bid rigging by making and giving effect to a contract, arrangement, or understanding that Prysmian would submit a higher bid to Caltex than the price it submitted to Rexel for the supply of electrical cable for an upgrade of the Kurnell Refinery in Botany Bay, NSW."

Judgment

Justice Beach delivered his 200+ page judgment on 9 March 2017. He ordered:

"1. The applicant’s originating application be dismissed.

2. The applicant pay the respondents’ costs of and incidental to this proceeding including all reserved costs."

Case links

ACCC v Olex Australia Pty Ltd [2017] FCA 222 (Federal Court)

ACCC v Olex Australia Pty Ltd [2017] FCA 222 (AustLII)

ACCC v Olex Australia Pty Ltd [2017] FCA 222 (JADE)