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ARTICLE · 21 APRIL 2016

Antitrust Alert: Australian Antitrust Enforcer Pursues Alleged Egg Cartel

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The ACCC alleged that the cartel conduct attempt took place at the "Egg Over Supply Crisis Meeting."

AustraliaAntitrust/Competition Law
Nicolas Taylor
Nicolas Taylor
Prudence Smith
Prudence Smith
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The Australian Competition and Consumer Commission (the ACCC) has announced it will appeal the Federal Court's decision dismissing the ACCC's proceedings against the Australian Egg Corporation Limited (AECL), a trade association for egg producers, and four other corporate and individual respondents.

Last month the court found that the Respondents, including the Managing Director of AECL, a director of AECL and Twelve Oaks Poultry and the Managing Director of Farm Pride Foods, did not engage in cartel conduct despite admissions of one of the directors to the allegations in an agreement with the ACCC prior to the trial.

Background

The ACCC instituted proceedings in May 2014 alleging that the AECL and five other corporate and individual Respondents attempted to induce egg producers to cull hens or otherwise dispose of eggs to reduce the number of eggs available for supply to customers and businesses in Australia, increasing egg prices.

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