Australian Competition and Consumer Commission v StoresOnline International, Inc. [2007] FCA 1597

Australian Competition and Consumer Commission v StoresOnline International, Inc. [2007] FCA 1597

The Federal Court has jurisdiction to enforce s 87B undertakings and grant injunctive relief to ensure compliance. Breaches of the undertaking by StoresOnline were established, and the balance of convenience favours injunctive orders to protect the public interest. Orders will be made in the form sought by the ACCC until further order, with costs awarded to the applicant.

Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Application for Enforcement of Undertaking / Judgment
Outcome
injunctive relief granted to ensure compliance with undertaking; respondents to pay applicant's costs
Legal Topics
['enforcement of Undertaking' 'jurisdiction of Federal Court' 'injunctive Relief' 'balance of Convenience']
['trade Practices' 'competition'] ['enforcement of Undertaking' 'jurisdiction of Federal Court' 'injunctive Relief' 'balance of Convenience']

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Procedural Posture

Application for Enforcement of Undertaking / Judgment

Legal Issues

  1. 1 ['Does the Federal Court have jurisdiction to enforce undertakings under s 87B of the Trade Practices Act 1974?' 'Has StoresOnline breached terms of its s 87B undertaking to the ACCC?' 'Is injunctive relief appropriate to ensure compliance with the undertaking?' 'Does the balance of convenience favour granting an injunction?']

Ratio Decidendi

The Federal Court has jurisdiction to enforce s 87B undertakings and grant injunctive relief to ensure compliance. Breaches of the undertaking by StoresOnline were established, and the balance of convenience favours injunctive orders to protect the public interest. Orders will be made in the form sought by the ACCC until further order, with costs awarded to the applicant.

Court Disposition

injunctive relief granted to ensure compliance with undertaking; respondents to pay applicant's costs

Orders

  • ['Orders to comply with terms of s 87B undertaking until further order' "Respondents to pay applicant's costs" 'Parties directed to agree Short Minutes of Order by 26 October 2007']