The recently filed indictment in the criminal cartel case, which was moved to the Federal Court on March 13, lists eight charges against Country Care, managing director Robert Hogan and former employee Cameron Harrison.

The CDPP had previously brought 130 separate criminal charges in the case, following a committal hearing in the Magistrates Court of Victoria.

The CDPP warned the Federal Court during a hearing in March that it would “very significantly” reduce the charges in the landmark criminal cartel case — the first against an Australian business — which will head to trial before Justice Robert Bromwich in October.

“We will be discussing the outcome of the committal proceeding and the shape of the indictment within the next week or two,” Richard Maidment, QC, told Justice Michael Wigney.

The Country Care Group — a network of service providers that provide equipment to nursing homes and aged care facilities — now faces two charges of giving effect to a cartel provision contained in a contract, in violation of section 44ZZRG(1) of the Competition and Consumer Act 2010, and one charge of attempting to induce members providers of Country Care to commit a cartel offence.

Hogan is facing one charge of attempting to induce a person to commit a cartel offence and two charges of aiding and abetting in a cartel offence, while Harrison is facing one charge of aiding and abetting in a cartel offence and one charge of attempting to induce someone to commit a cartel offence.

According to the indictment, Country Care made separate agreements with two different suppliers — neither of which is currently facing criminal cartel charges — that violate the cartel provisions of the Competition and Consumer Act 2010.

One of the charges centres on an alleged cartel agreement Country Care knowingly entered into with member provider Patient Handling Pty Ltd on November 7, 2014, with assistance from Hogan, under which the parties agreed that Patient Handling would refrain from submitting a bid to NSW government shared services organisation HealthShare NSW to provide certain assisted technology goods, while Country Care would move forward with its bid.

The second charge relates to an alleged cartel agreement Country Care knowingly entered into with the Australian unit of global equipment provider Human Care between April 20, 2015 and May 12, 2015, under which the companies agreed that if the opportunity arose, Human Care would submit a bid to HealthCare NSW to provide products at a higher price than what Country Care would offer in its bid.

Prior to entering the alleged cartel agreements and after — between May 13, 2014 and May 4, 2016 — Country Care and Hogan tried to induce 45 member providers of the Country Care Group to refrain from advertising for sale goods the company had contracted with the Department of Veterans Affairs to sell at rates below those in its contract. Harrison and Hogan aided in these efforts between June 1, 2015 and May 4, 2016, according to the indictment.

Country Care Group has been contracted by the DVA to provide healthcare and mobility equipment, as well as home modifications, which certain veterans may be eligible for under the Rehabilitation Appliances Program, according to the company’s website.

Prosecutors filed the charges in February 2018 following an investigation by the Australian Competition and Consumer Commission into a cartel in the market for rehabilitation and aged care products, including wheelchairs and walking frames.

During the March hearing, Justice Wigney set the trial down for six weeks beginning October 14 and encouraged the parties to discuss statements of agreed facts to reduce the length of the trial.

Country Care delivers equipment to hospitals, health care centres, occupational therapists and the DVA and has over 300 delivery vehicles and 80 showrooms and warehouses across Australia, according to its website.

The company said last year it had been responding to inquiries by the ACCC since early 2016. Hogan said at the time it was “business as usual” for Country Care, and that he would remain in his role.

Lawyerly’s request for orders by the Committal Court, which are now part of the Federal Court case file, were denied pending submissions from the parties on confidentiality.

The next case management hearing has been scheduled for May 24.

HWL Ebsworth represents Hogan. Mills Oakley represents Country Care and Harrison.

The case is Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd & Ors.

CORRECTION: Lawyerly incorrectly reported that there were two alleged cartel arrangements when there were three. The number of charges faced by Hogan and Harrison have also been corrected.