Ace Breaking News – Clarification: This media release was amended on 26 October 2026 to reflect that the agreement with Perfection Fresh, which is still subject to confirmation by the Court, requires Perfection Fresh not to ‘establish’ a competition law compliance program, but to ‘continue to implement’ such a program: ACCC Business News: Published: 26 October 2026

Perfection Fresh has admitted to engaging in cartel conduct and has agreed to jointly submit to the Court that Perfection Fresh should be ordered to pay a penalty of $12 million for nine contraventions and one attempted contravention and continue to implement a competition law compliance program.

The Court will determine whether the proposed penalty and other orders are appropriate at a later date.

In September 2025, the ACCC commenced civil proceedings in the Federal Court against Perfection Fresh, three other suppliers and three individuals for alleged price fixing while supplying fresh vegetables to ALDI, in breach of Australia’s competition laws.

The ACCC alleged, and Perfection Fresh has admitted, that on eleven occasions between 2019 and 2020, Perfection Fresh engaged in cartel conduct by fixing the prices of broccoli, cauliflower and iceberg lettuce supplied to ALDI in New South Wales.

“Cartel conduct undermines competition and can increase prices, harming consumers and raising the cost of doing business,” ACCC Commissioner Luke Woodward said.

“Enforcing cartel laws and protecting competition in the supply of fresh food are ongoing priorities for the ACCC.”

The ACCC’s case against the other suppliers and individuals is ongoing. As the matter remains before the Court, the ACCC will not be making further comment at this time.

Background

Perfection Fresh Australia Pty Ltd is a fresh produce wholesaler based in New South Wales. It is the second-largest fresh vegetable supplier in Australia, supplying a broad range of produce, including cauliflower, broccoli, iceberg lettuce, Brussels sprouts, broccolini and celery, to all states and territories.

Additional Notes:

Perfection Fresh has admitted it engaged in price fixing on eleven occasions, but the penalty to be considered by the Court relates to nine contraventions and one attempted contravention because one of the admitted contraventions is outside the time period for a penalty to apply.

The maximum penalties applicable to the alleged conduct depend on when the conduct occurred. These penalties changed in November 2022 and March 2026.

More information about different types of cartel conduct can be found on the ACCC’s website at Cartels.

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