Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited [2001] FCA 383

Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited [2001] FCA 383

The parties' proposed penalties and injunctions are appropriate and within the range the court considers justified, taking into account the deterrence principle, seriousness of the conduct, cooperation of the respondents, and contemporary penalty levels in similar cases; orders for penalties and injunctive relief should be made as submitted.

Jurisdiction
Australia
Judgment Date
05 April 2001
Procedural Posture
Civil Penalty Proceeding / Judgment and Orders Following Joint Submission on Penalty
Outcome
Declarations and orders made as sought; aggregate penalties imposed; injunctive relief granted; costs awarded.
Legal Topics
['market Sharing Arrangement' 'exclusionary Provisions' 'pecuniary Penalties' 'deterrence' 'retribution' 'antitrust Violations' 'consent Orders' 'penalty Assessment']
['competition Law' 'trade Practices'] ['market Sharing Arrangement' 'exclusionary Provisions' 'pecuniary Penalties' 'deterrence' 'retribution' 'antitrust Violations' 'consent Orders' 'penalty Assessment']

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Procedural Posture

Civil Penalty Proceeding / Judgment and Orders Following Joint Submission on Penalty

Legal Issues

  1. 1 ['Whether the respondents contravened s 45 of the Trade Practices Act 1974 (Cth) by participating in market sharing and giving effect to exclusionary provision arrangements' 'Appropriate penalty for such contraventions under s 76' "Court's approach to agreed penalties in civil penalty proceedings"]

Ratio Decidendi

The parties' proposed penalties and injunctions are appropriate and within the range the court considers justified, taking into account the deterrence principle, seriousness of the conduct, cooperation of the respondents, and contemporary penalty levels in similar cases; orders for penalties and injunctive relief should be made as submitted.

Court Disposition

Declarations and orders made as sought; aggregate penalties imposed; injunctive relief granted; costs awarded.

Orders

  • ['Second respondent (Alstom Australia Ltd) to pay $5,500,000 penalty to Commonwealth of Australia within thirty days.' 'Seventh respondent (R G Elliot) to pay $150,000 penalty to Commonwealth of Australia within thirty days.' 'Second respondent restrained from anti-competitive market sharing conduct for four years.'...