ACCC v Trevor Davis Investments Pty Ltd [2001] FCA 952

ACCC v Trevor Davis Investments Pty Ltd [2001] FCA 952

The attempted price fixing amounted to a serious contravention of the Code, but in light of mitigating factors including cooperation, acceptance of liability, lack of harm, personal health, and remorse, a penalty of $5,000 was appropriate rather than the $20,000 sought by the ACCC. The penalty was imposed for the sending of the letter as a single act, in accordance with s 76(3) TPA.

Jurisdiction
Australia
Judgment Date
28 June 2001
Procedural Posture
Penalty Application / Civil Enforcement / Judgment and Orders After Hearing on Penalty
Outcome
Pecuniary penalty of $5,000 imposed on the third respondent; injunctive relief granted; costs ordered against the third respondent.
Legal Topics
['attempted Price Fixing' 'penalties Under Competition Law' 'contravention of S 45(2)(a)(ii) Competition Code of Victoria']
['competition Law'] ['attempted Price Fixing' 'penalties Under Competition Law' 'contravention of S 45(2)(a)(ii) Competition Code of Victoria']

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Procedural Posture

Penalty Application / Civil Enforcement / Judgment and Orders After Hearing on Penalty

Legal Issues

  1. 1 ['What is the appropriate penalty for an attempted price-fixing contravention of s 45(2)(a)(ii) of the Competition Code of Victoria by an individual?']

Ratio Decidendi

The attempted price fixing amounted to a serious contravention of the Code, but in light of mitigating factors including cooperation, acceptance of liability, lack of harm, personal health, and remorse, a penalty of $5,000 was appropriate rather than the $20,000 sought by the ACCC. The penalty was imposed for the sending of the letter as a single act, in accordance with s 76(3) TPA.

Court Disposition

Pecuniary penalty of $5,000 imposed on the third respondent; injunctive relief granted; costs ordered against the third respondent.

Orders

  • ['Declaration of attempted contravention of s 45(2)(a)(ii) Competition Code of Victoria by the third respondent.' 'Declaration of attempt to induce contravention of s 45(2)(a)(ii) by third respondent.' 'Three-year restraint against the third respondent from agreeing on provisions with competitors to limit supply of...