Australian Competition & Consumer Commission v Tyco Australia Pty Ltd ACN 008 399 004 [2001] FCA 176

Australian Competition & Consumer Commission v Tyco Australia Pty Ltd ACN 008 399 004 [2001] FCA 176

Penalties and injunctive relief were imposed pursuant to joint submissions and consent to address admitted contraventions of s 45 of the Trade Practices Act 1974 (Cth) regarding anti-competitive arrangements in fire sprinkler and alarm system markets, with consideration given to respondent involvement, market share, seniority, and financial circumstances.

Jurisdiction
Australia
Judgment Date
28 February 2001
Procedural Posture
Civil / Penalty and Injunctive Relief Orders After Admitted Contravention
Outcome
Penalties and injunctive relief imposed by consent; costs awarded as agreed.
Legal Topics
['cartel Conduct' 'anti Competitive Arrangements' 'penalties' 'section 45 Trade Practices Act']
['competition Law'] ['cartel Conduct' 'anti Competitive Arrangements' 'penalties' 'section 45 Trade Practices Act']

Case Brief

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Procedural Posture

Civil / Penalty and Injunctive Relief Orders After Admitted Contravention

Legal Issues

  1. 1 ['Appropriate penalties for breaches of s 45 of the Trade Practices Act 1974 (Cth)' 'Appropriate injunctive relief to restrain ongoing anti-competitive conduct' 'Consideration of respondent’s involvement and seniority in anti-competitive arrangements']

Ratio Decidendi

Penalties and injunctive relief were imposed pursuant to joint submissions and consent to address admitted contraventions of s 45 of the Trade Practices Act 1974 (Cth) regarding anti-competitive arrangements in fire sprinkler and alarm system markets, with consideration given to respondent involvement, market share, seniority, and financial circumstances.

Court Disposition

Penalties and injunctive relief imposed by consent; costs awarded as agreed.

Orders

  • ['Premier Fire Protection (QLD) Pty Ltd (fourteenth respondent) to pay a penalty of $420,000 in instalments as specified.' 'Gregory John Bourke (forty-eighth respondent) to pay a penalty of $65,000 in instalments as specified.' 'Terence Michael McDonald (twenty-third respondent) to pay a penalty of $50,000 in...