Former Managing Director and CEO of Bingo Industries, Daniel Tartak, has today entered pleas of guilty to criminal cartel offences, after charges were laid by the Commonwealth Director of Public Prosecutions (CDPP) following an ACCC investigation and referral.
On 16 August 2022, Mr Tartak was charged with two cartel offences relating to a price fixing arrangement for demolition waste services in Sydney. Bingo Industries was also charged and entered guilty pleas in respect of price fixing charges relating to the same conduct.
While Mr Tartak was its Managing Director and CEO, Bingo agreed with its competitor Aussie Skip Bin Services to fix and increase prices for supplying skip bins for building and demolition waste. Mr Tartak was charged with aiding and abetting this cartel conduct.
"Colluding with your competitors to increase prices at the expense of your customers is serious cartel conduct. Taking appropriate action against companies and individuals allegedly involved is a significant part of our work," ACCC Chair Gina Cass-Gottlieb said.
The matter will now proceed to a sentencing hearing in the Federal Court on 9 and 10 March 2023.
As this is a criminal matter currently before the Court, the ACCC will not provide any further comment at this time.
Background
Bingo is a waste management company that provides landfill, waste processing and skip bins services throughout New South Wales, Victoria and Queensland.
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.
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 with information about cartel conduct is urged to call the ACCC Cartel Hotline on (02) 9230 3894.
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.
