Australian Competition & Consumer Commission v Tubemakers of Australia Ltd [2000] FCA 227

Australian Competition & Consumer Commission v Tubemakers of Australia Ltd [2000] FCA 227

The agreed penalty and injunctive relief were appropriate given the admitted serious contraventions, the third respondent’s cooperation, the removal of responsible personnel, its cessation of trading, costs and injunctions against involved individuals, and the implementation of a compliance program.

Jurisdiction
Australia
Judgment Date
06 March 2000
Procedural Posture
Application for Pecuniary Penalty and Injunctive Relief Under the Trade Practices Act 1974 (cth) / Judgment and Orders After Admissions and Joint Submissions on Penalty
Outcome
Third respondent ordered to pay pecuniary penalty and restrained by injunction. Costs awarded to applicant.
Legal Topics
['price Fixing' 'market Sharing' 'tender Rigging' 'penalties Under Trade Practices Act' 'injunctive Relief for Contravention of Part Iv']
['competition Law'] ['price Fixing' 'market Sharing' 'tender Rigging' 'penalties Under Trade Practices Act' 'injunctive Relief for Contravention of Part Iv']

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Procedural Posture

Application for Pecuniary Penalty and Injunctive Relief Under the Trade Practices Act 1974 (cth) / Judgment and Orders After Admissions and Joint Submissions on Penalty

Legal Issues

  1. 1 ['Imposition of pecuniary penalties under s 76 for admitted contraventions of ss 45(2)(a)(i), 45(2)(a)(ii), 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth)' 'Appropriateness of penalty and injunctive relief terms after agreement between ACCC and third respondent']

Ratio Decidendi

The agreed penalty and injunctive relief were appropriate given the admitted serious contraventions, the third respondent’s cooperation, the removal of responsible personnel, its cessation of trading, costs and injunctions against involved individuals, and the implementation of a compliance program.

Court Disposition

Third respondent ordered to pay pecuniary penalty and restrained by injunction. Costs awarded to applicant.

Orders

  • ['Third respondent to pay the Commonwealth of Australia a pecuniary penalty of $1,000,000 in respect of specified contraventions and attempted contraventions of the Trade Practices Act 1974 (Cth).' 'Penalty to be paid by instalments: $330,000 by 1 March 2001; $330,000 by 1 March 2002; $340,000 by 1 March 2003,...