Following a review of the evidence available to it, the Australian Competition and Consumer Commission has decided to discontinue proceedings alleging resale price maintenance by Leahy Petroleum Pty Ltd and its General Manager, Mr Robin Palmer in relation to a service station in Buangor operated by Mr Trevor Oliver.
Accordingly, the proceeding has been dismissed by consent of all parties. No orders as to costs were made.
Separate proceedings against a number of corporate and individual respondents, including Leahy Petroleum and Mr Palmer, alleging price fixing in the wider Ballarat area are not the subject of any review and are still being maintained.
In assessing the matter, the ACCC considered all the evidence likely to be led at trial. Having regard to the Model Litigant Policy and the ACCC's policy objectives the ACCC formed the view it was appropriate to discontinue the proceeding in light of the available evidence.
The ACCC acknowledges statements made by Mr Oliver in the media just prior to Easter in 2000 led to a lengthy investigation by the ACCC into the petrol industry in the wider Ballarat area. As a result of this investigation the ACCC instituted proceedings alleging a petrol price fixing cartel in Ballarat. This investigation subsequently led to a similar investigation in the Geelong region which culminated in the institution of further proceedings earlier this month alleging a petrol price fixing cartel in Geelong.
Whistleblowers are often in a position to provide valuable information to the ACCC. The ACCC encourages people who may have information about potential breaches to advise the ACCC directly. Where information is brought directly to the ACCC's attention it is in a better position to conduct investigations and, in appropriate cases, provide protection from intimidation or immunity from proceedings or penalties.