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MLex Market Insight

Country Care cartel case resonates in Australia; New Zealand’s draft privacy laws move forward

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 15 March 2019

⏱️ 16 minutes

🧾️ Download transcript

Summary

A landmark criminal-cartel prosecution in Australia, involving a rural medical-aid company called Country Care, is attracting attention among competition professionals for how prosecutors’ tactics may inform other criminal-cartel prosecutions, including one involving Deutsche Bank and Citigroup. Meanwhile, the New Zealand parliament published a new draft of a privacy overhaul, which would align the policy with Australian, but will it be enough to make the new laws successful at an international level? James Panichi and Laurel Henning discuss.

Transcript

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0:00.0

Hello and welcome to another MLEX podcast. I'm Laurel Henning, senior correspondent at Emlex. And joining me for today's podcast is Australasian managing editor James Panicki. Hi James.

0:22.7

Hello Laurel. Country care. It's a company our listeners outside of Australia might not be

0:28.2

very familiar with and on paper that seems fair enough. A rehabilitation service provider or a provider

0:35.3

of mobility aids and assistive technologies.

0:37.9

The company is based in a rural town called Mildura in Australia's southeastern state of

0:42.9

Victoria, but this little company is involved in a landmark Australian court case.

0:48.4

James, as the proceedings make their way to federal court, which may well be in my neck of the

0:52.4

woods in Sydney, tell us why the allegations

0:55.2

against country care are so groundbreaking. Okay, look, they're groundbreaking because this is

1:00.4

the first time that Australia's 2009 criminal cartel laws have really been put to the test.

1:06.8

Now, there have been two successful prosecutions so far under this legislation. Both of those

1:12.2

involved Japanese shipping companies and the prosecution was part of a global cartel. So it was all

1:19.8

very far removed from the Australian context. The country care case involves charges against,

1:26.1

firstly against an Australian company, which is definitely a first, and it case involves charges against, firstly against an Australian company,

1:27.9

which is definitely a first, and it also involves charges against two people.

1:32.9

Now, criminal cartel charges against individuals haven't occurred before in Australia,

1:39.1

so that's another first.

1:40.1

So this prosecution is important.

1:42.4

It's also unfolding as another two criminal cartel prosecutions have been announced, with possibly three more to be announced over the coming year.

1:51.5

So, I mean, you're right, absolutely right to point out that this case is relatively small in terms of the money and the industry involved.

1:59.7

But it is significant because lawyers

2:03.5

on much larger cases coming up are getting their first taste of how the prosecution will be

...

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