Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 536

Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 536

The Court determined final orders distilling earlier penalty findings, varying relevant declarations, ordering appropriate pecuniary penalties for anti-competitive contracts, dismissing claims against certain respondents, dealing with costs, and managing confidentiality orders in accordance with statutory requirements and the evidence presented.

Jurisdiction
Australia
Judgment Date
16 May 2016
Procedural Posture
Civil / Final Orders After Penalty Determination
Outcome
Declarations and pecuniary penalties ordered against first to fifth and seventh respondents; proceedings dismissed against sixth respondent; orders regarding confidentiality and costs; adjournment for further determination of confidentiality matters.
Legal Topics
['anti Competitive Conduct' 'pecuniary Penalties' 'section 45 Competition and Consumer Act' 'section 46 Competition and Consumer Act' 'confidentiality Orders']
['competition Law'] ['anti Competitive Conduct' 'pecuniary Penalties' 'section 45 Competition and Consumer Act' 'section 46 Competition and Consumer Act' 'confidentiality Orders']

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Procedural Posture

Civil / Final Orders After Penalty Determination

Legal Issues

  1. 1 ['What final orders should be made following findings of contraventions of section 45(2)(a)(ii) of the Competition and Consumer Act 2010 (Cth)?' 'What pecuniary penalties are appropriate for each respondent in relation to contravening competition law?' 'How should confidentiality orders regarding market sensitive data be managed?' 'Should proceedings be dismissed as against certain respondents and what are the cost consequences?']

Ratio Decidendi

The Court determined final orders distilling earlier penalty findings, varying relevant declarations, ordering appropriate pecuniary penalties for anti-competitive contracts, dismissing claims against certain respondents, dealing with costs, and managing confidentiality orders in accordance with statutory requirements and the evidence presented.

Court Disposition

Declarations and pecuniary penalties ordered against first to fifth and seventh respondents; proceedings dismissed against sixth respondent; orders regarding confidentiality and costs; adjournment for further determination of confidentiality matters.

Orders

  • ['First respondent knowingly concerned in contravention of s 45(2)(a)(ii) of the Act.' 'Pecuniary penalties totaling $3.5 million, $500,000, $5.5 million, $5.5 million, $850,000, $1.5 million, $200,000, $1 million, $50,000, $20,000 imposed against various respondents for anti-competitive conduct.' 'No penalties...