Following an investigation by the Australian Competition and Consumer Commission (ACCC) the charge was laid in the Federal Court by the Commonwealth Director of Public Prosecutions under section 44ZZRG of the Competition and Consumer Act 2010 (Cth) on July 14.

“This is the first criminal charge laid against a corporation under the criminal cartel provisions of the Competition and Consumer Act,” ACCC Chairman Rod Sims said.

“This matter relates to alleged cartel conduct in connection with the transportation of vehicles, including cars, trucks, and buses, to Australia between July 2009 and September 2012,” Mr Sims said. Locally the Japanese shipping giant operates through NYK Line (Australia) Pty Ltd.

Unlike other collusion prosecutions in North America and elsewhere, so far no other carriers have been named but the ACCC says its investigation into other alleged cartel participants is continuing.
Under the Act, for corporations, the maximum fine for each criminal cartel offence will be the greater of:
A$10 million; three times the total benefits that have been obtained and are reasonably attributable to the commission of the offence; if the total value of the benefits cannot be determined,10% of the corporation’s annual turnover connected with Australia. 

The NYK matter is next scheduled for a directions hearing in the Federal Court on 12 September 2016. 
“Given this is a criminal matter currently before the Court, the ACCC will not provide any further comment at this time,” the Commission said.