Australian Competition & Consumer Commission v Vanderfield Pty Ltd (ACN 060 286 759) [2009] FCA 1535

Australian Competition & Consumer Commission v Vanderfield Pty Ltd (ACN 060 286 759) [2009] FCA 1535

Arrangements between Vanderfield and Sci-Fleet represented exclusionary provisions and had the purpose or effect of price fixing, contravening ss 45(2)(a)(i), 45(2)(b)(i), 45(2)(a)(ii), and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth); pecuniary penalties and declarations were imposed, injunctive relief was declined as unnecessary.

Jurisdiction
Australia
Judgment Date
03 November 2009
Procedural Posture
Civil / Final Judgment and Orders
Outcome
Declarations and pecuniary penalties made, injunctive relief declined.
Legal Topics
['price Fixing' 'market Allocation' 'exclusionary Provisions' 'pecuniary Penalties']
['competition Law'] ['price Fixing' 'market Allocation' 'exclusionary Provisions' 'pecuniary Penalties']

Case Brief

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Procedural Posture

Civil / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether arrangements between Vanderfield and Sci-Fleet contravened sections 45(2)(a)(i), 45(2)(b)(i), 45(2)(a)(ii), and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth)' 'Whether associated employees (Cherry, McGuinn, Goodwin) were knowing participants in contraventions' 'Appropriate pecuniary penalties for contraventions']

Ratio Decidendi

Arrangements between Vanderfield and Sci-Fleet represented exclusionary provisions and had the purpose or effect of price fixing, contravening ss 45(2)(a)(i), 45(2)(b)(i), 45(2)(a)(ii), and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth); pecuniary penalties and declarations were imposed, injunctive relief was declined as unnecessary.

Court Disposition

Declarations and pecuniary penalties made, injunctive relief declined.

Orders

  • ['Sci-Fleet pay pecuniary penalty of $500,000 within 14 days.' 'Vanderfield pay pecuniary penalty of $500,000 in four instalments: $125,000 (3 months), $125,000 (10 months), $125,000 (17 months), $125,000 (24 months), all unpaid balance immediately payable if default occurs.' 'Mr Goodwin pay pecuniary penalty of...