Sydney waste companies, Aussie Skips Recycling and Aussie Skips Bin Services (together Aussie Skips), along with its chief executive Emmanuel Roussakis have today each pleaded guilty in the Federal Court to a criminal cartel offence following charges laid by the Commonwealth Director of Public Prosecutions (CDPP) last December.
The charges relate to allegations that in mid-2019, Aussie Skips and Bingo Industries agreed to increase and fix prices for the supply of skip bins and processing services for building and demolition waste in Sydney. The case was investigated by the ACCC and then referred to the CDPP, which laid criminal charges.
Bingo and its former Managing Director and CEO, Mr Daniel Tartak have previously entered guilty pleas in relation to the same cartel.
"Cartels are illegal because they can cause serious economic damage to the economy. This is also the reason why the ACCC takes investigations into cartel conduct seriously and will continue to refer matters to the CDPP when appropriate," ACCC Deputy Chair Mick Keogh said.
The matter will now proceed to a sentencing hearing for Aussie Skips and Mr Roussakis in the Federal Court on 22 to 23 May 2023.
As these are criminal matters currently before the Court, the ACCC will not provide further comment at this time.
Background
Aussie Skips Bin Services and Aussie Skips Recycling are Sydney-based waste management businesses that supply skip bins and waste processing services for building and demolition waste respectively.
Bingo is a waste management company providing landfill, waste processing and skip bins services throughout New South Wales, Victoria and Queensland.
Note
The ACCC investigates cartel conduct, manages the immunity process and, in respect of civil cartel contraventions, takes proceedings in the Federal Court.
The ACCC works to detect cartels including through education programs, proactive intelligence gathering and data assessment and working with overseas counterparts to identify cartels that operate on a global level.
The ACCC also manages an immunity program that enables past or present cartel members to confess their actions and cooperate with investigations in exchange for immunity from ACCC-initiated civil and (through the CDPP) criminal proceedings.
Anyone who thinks they may be involved in cartel conduct is urged to call the ACCC Cartel Immunity Hotline on (02) 9230 3894. More information about the immunity process is available on the ACCC website at Cartels.
You can also report cartel conduct by using the anonymous cartel portal. The CDPP is responsible for prosecuting criminal cartel offences in accordance with the Prosecution Policy of the Commonwealth. The ACCC refers serious cartel conduct to the CDPP for consideration of prosecution in accordance with the Memorandum of Understanding between the CDPP and the ACCC regarding Serious Cartel Conduct.
An individual convicted of a criminal cartel offence may be sentenced to up to 10 years' imprisonment or fined up to $444,000, or both.
For corporations, the maximum fine for each criminal cartel offence before 9 November 2022 is the greater of:
- $10 million
- three times the total benefit that has been obtained and which is reasonably attributable to the commission of the offence, or
- if the value of the benefit obtained cannot be determined, 10 per cent of the corporation's annual turnover connected with Australia.
These maximum fines are applicable to the charges against Aussie Skips.
For offences that occur after 9 November 2022, substantially higher maximum fines apply.
