ACCC v Yazaki Corporation (No 3)  FCA 465: Toyota Supplier Fined for Collusion
In the case of ACCC v Yazaki Corporation (No 3)  FCA 465 (9 May 2017), the Federal Court has imposed penalties against Japanese company, Yazaki Corporation (Yazaki), for engaging in collusive conduct with a competitor when supplying wire harnesses to Toyota Motor Corporation (Toyota) in Australia.
It is alleged that ss 45(2), 76(1A)(b), 76(3) and 76(5) of the Competition and Consumer Act 2010 (the Act) were contravened.
Background to the Decision
In 2015, the Court found that Yazaki and its competitor, Sumitomo Electric Industries (SEI), coordinated quotes to Toyota for the supply of wire harnesses used in the manufacture of the Toyota Camry in Australia.
The agreement with wire and cable manufacturer SEI — which was given immunity in a deal with prosecutors — and the submission of the prices to Toyota, breached Federal and Victorian consumer laws.
In imposing penalties of $9.5 million, Besanko J stated that at [para 54]:
His Honour also noted the seriousness of Yazaki’s conduct, stating at [para 88]:
The ACCC’s reaction
The ACCC, which took Yazaki to court, said the fine was inadequate. ACCC Acting Chair Delia Rickard said in a recent ACCC Media Release:
Yazaki was also ordered to pay 85 percent of the ACCC’s costs.
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ACCC v Yazaki Corporation (No 3)  FCA 465 (9 May 2017)
Toyota supplier fined $10 million for rip-off scheme –
Penalties ordered against Yazaki for collusive conduct –