Four Sydney Mobile Crane Companies Face Court Over Alleged Cartel Conduct
- Barry Money
- Sep 3
- 3 min read
Published: 3 September 2025
Source: ACCC Media Release
The Australian Competition and Consumer Commission (ACCC) has commenced civil cartel proceedings in the Federal Court against four Sydney-based mobile crane hire companies and four of their senior executives.
The companies — Borger Crane Hire & Rigging Services, MCR Melrose, Two Way Cranes, and Ultra-Lift Cranes — are alleged to have engaged in conduct that breached Australia’s cartel laws between 2020 and 2024.
According to the ACCC, the alleged conduct involved agreements not to supply crane services to certain customers or sites, and in some cases, attempts to fix crane hire rates and cross-hire rates.
Alleged Use of WhatsApp to Coordinate Conduct
The ACCC alleges the executives coordinated their actions through WhatsApp chat groups, including ones named “Crane Companies” and “Big 3”. These alleged arrangements were said to impact a range of Sydney building sites and customers — from major infrastructure projects to small residential developments.
The individuals named include:
Shawn Borger (Borger Cranes General Manager)
Gregg Melrose (former Managing Director, Melrose Cranes)
Ryan Melrose (former General Manager, Melrose Cranes)
Frank Zammit (Managing Director of Two Way Cranes and Ultra-Lift Cranes)
The ACCC also claims that attempts to fix prices occurred in 2022, including Melrose Cranes’ alleged efforts to set mobile crane hire rates with competitors, and Borger Cranes’ alleged attempt to fix cross-hire rates.
Why Cartel Conduct Matters
Cartel conduct is considered one of the most serious forms of anti-competitive behaviour. It occurs when competitors agree to act together rather than compete, which may involve:
Price fixing
Sharing markets or customers
Rigging bids
Limiting supply or output
As ACCC Chair Gina Cass-Gottlieb explained:
“When companies collude to limit supply or fix prices, it reduces competition in the market and harms businesses and consumers.”
The ACCC emphasised that mobile cranes are critical to sectors such as construction, infrastructure, utilities, and mining — making strong competition in this industry essential to the Australian economy.
Potential Penalties
The ACCC is seeking penalties against the businesses and executives, including pecuniary penalties, disqualification orders for three executives, and compliance orders for some of the companies.
Civil penalties for cartel conduct can be substantial. For corporations, the maximum penalty after November 2022 is the greater of:
$50 million,
three times the benefit obtained from the conduct, or
30% of the company’s adjusted turnover during the breach period.
For individuals, the maximum civil penalty is $2.5 million per contravention.
What This Means for Businesses
This case is a reminder for Australian businesses — particularly those operating in competitive industries such as construction and resources — that cartel conduct carries serious risks. Beyond financial penalties, reputational damage and executive disqualification orders can have long-lasting impacts.
If you are concerned about how competition and consumer law applies to your business, it’s important to seek tailored legal advice from a qualified commercial lawyer.
About Bane Legal Services
At Bane Legal Services, we are not a law firm and we do not provide legal advice. Instead, we act as your trusted legal matchmaker, connecting businesses with the right commercial lawyers. With over 30 years of business experience, we understand the complexities of Australian competition, consumer, and commercial law — and we know how to match you with the right legal expert for your needs.
If your business wants to ensure compliance or needs help navigating complex regulatory issues, reach out to us today and let us connect you with the right legal partner.
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