Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No. 2) [2014] FCA 689

Australian Competition and Consumer Commission v Cement Australia Pty Ltd (No. 2) [2014] FCA 689

The annexures are to be admitted in the penalty proceedings because they may assist in precisely understanding the measure of effect of the contraventions already found, without reopening findings on effects or likely effects, and their probative weight can be assessed at the penalty stage.

Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Civil / Interlocutory Application—admissibility of Evidence on Penalty Hearing
Outcome
Application dismissed
Legal Topics
['admissibility of Evidence' 'pecuniary Penalties' 'lessening of Competition' 'federal Court Procedure']
['competition Law' 'practice and Procedure'] ['admissibility of Evidence' 'pecuniary Penalties' 'lessening of Competition' 'federal Court Procedure']

Case Brief

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Procedural Posture

Civil / Interlocutory Application—admissibility of Evidence on Penalty Hearing

Legal Issues

  1. 1 ['Whether Annexures CMS-17, CMS-18, CMS-19, and CMS-20 should be excluded from evidence in penalty proceedings' 'Whether the evidence relates to previously determined issues or only to penalty assessment' 'Relevance of the material to the penalty question']

Ratio Decidendi

The annexures are to be admitted in the penalty proceedings because they may assist in precisely understanding the measure of effect of the contraventions already found, without reopening findings on effects or likely effects, and their probative weight can be assessed at the penalty stage.

Court Disposition

Application dismissed

Orders

  • ['Pursuant to s 17 and s 23 of the Federal Court of Australia Act 1976 and r 1.32 of the Federal Court Rules 2011, orders are made in Chambers and published without further convening the parties.' 'The application for relief sought by para 1 of the interlocutory application filed by the first to fifth respondents on...