ACCC v The Tasmanian Salmonid Growers Association Ltd [2003] FCA 788

ACCC v The Tasmanian Salmonid Growers Association Ltd [2003] FCA 788

The arrangement or understanding that members of the first respondent who farmed atlantic salmon would grade out at least ten per cent of the 2001 year class of salmon by 31 July 2002, with any graded out fish being prevented from reaching market, was likely to control or maintain the price of atlantic salmon and contravened s 45(2)(a)(ii) of the Trade Practices Act 1974. The second respondent contravened s 45(2)(b)(ii) by grading out approximately 70 tonnes of its stock pursuant to that arrangement, and the first respondent was knowingly concerned in the making of the contravening arrangement because it encouraged and facilitated it with knowledge of the essential facts. The proposed...

Jurisdiction
Australia
Judgment Date
01 August 2003
Procedural Posture
Trade Practices Proceeding Alleging Contraventions of the Trade Practices Act 1974 / Agreed Orders by Consent Following Admissions
Outcome
Declarations and consent orders made; no pecuniary penalty ordered.
Legal Topics
['arrangement or Understanding Between Competitors' 'limitation of Supply' 'price Control or Maintenance' 'trade Association Involvement' 'injunctions' 'trade Practices Compliance Program' 's 87 B Undertaking' 'consent Orders']
['competition and Consumer Law' 'trade Practices'] ['arrangement or Understanding Between Competitors' 'limitation of Supply' 'price Control or Maintenance' 'trade Association Involvement' 'injunctions' 'trade Practices Compliance Program' 's 87 B Undertaking' 'consent Orders']

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Procedural Posture

Trade Practices Proceeding Alleging Contraventions of the Trade Practices Act 1974 / Agreed Orders by Consent Following Admissions

Legal Issues

  1. 1 ['Whether an arrangement or understanding to grade out atlantic salmon stocks contravened s 45(2)(a)(ii) of the Trade Practices Act 1974.' 'Whether the second respondent contravened s 45(2)(b)(ii) of the Trade Practices Act 1974 by giving effect to the grading agreement.' "Whether the first respondent was knowingly concerned in the second respondent's contravention." 'Whether the agreed orders proposed by the parties were appropriate for the Court to make.']

Ratio Decidendi

The arrangement or understanding that members of the first respondent who farmed atlantic salmon would grade out at least ten per cent of the 2001 year class of salmon by 31 July 2002, with any graded out fish being prevented from reaching market, was likely to control or maintain the price of atlantic salmon and contravened s 45(2)(a)(ii) of the Trade Practices Act 1974. The second respondent contravened s 45(2)(b)(ii) by grading out approximately 70 tonnes of its stock pursuant to that arrangement, and the first respondent was knowingly concerned in the making of the contravening arrangement because it encouraged and facilitated it with knowledge of the essential facts. The proposed...

Court Disposition

Declarations and consent orders made; no pecuniary penalty ordered.

Orders

  • ['The Court made findings of fact for the purposes of s 83 of the Trade Practices Act 1974.' 'The Court declared that the first respondent was knowingly concerned in the making of an arrangement or understanding which contravened s 45(2)(a)(ii) of the Trade Practices Act 1974.' 'The Court declared that the second...