Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (No. 2) [2002] FCA 558

Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (No. 2) [2002] FCA 558

The Court imposed monetary penalties, taking into account the scale and duration of the anti-competitive conduct in the power transformer market, respondents' financial circumstances, previous penalties, and their respective levels of culpability and cooperation. Orders included penalties of $1.5 million for WTC, $100,000 for Mr Wilson, and $35,000 for Mr Toogood, along with appropriate injunctive relief.

Jurisdiction
Australia
Judgment Date
03 May 2002
Procedural Posture
Civil / Penalty Determination and Orders
Outcome
Penalties imposed and injunctive relief ordered.
Legal Topics
['antitrust Contraventions' 'penalties' 'market Sharing Arrangements']
['competition Law'] ['antitrust Contraventions' 'penalties' 'market Sharing Arrangements']

Case Brief

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Procedural Posture

Civil / Penalty Determination and Orders

Legal Issues

  1. 1 ['Appropriate penalty for contravention of s 45 of Trade Practices Act 1974 (Cth)' 'Principles to be applied in determination of antitrust penalties' 'Consideration of individual culpability and financial circumstances']

Ratio Decidendi

The Court imposed monetary penalties, taking into account the scale and duration of the anti-competitive conduct in the power transformer market, respondents' financial circumstances, previous penalties, and their respective levels of culpability and cooperation. Orders included penalties of $1.5 million for WTC, $100,000 for Mr Wilson, and $35,000 for Mr Toogood, along with appropriate injunctive relief.

Court Disposition

Penalties imposed and injunctive relief ordered.

Orders

  • ['Wilson Transformer Company Pty Ltd to pay $1.5 million penalty.' 'Mr Wilson to pay $100,000 penalty.' 'Mr Toogood to pay $35,000 penalty payable in instalments.' 'Injunctions granted and declarations made as agreed by parties.' 'Applicant to bring in short minutes of orders within fourteen days.']