Australian Competition and Consumer Commission v Dally M Publishing and Research Pty Limited [2007] FCA 1220

Australian Competition and Consumer Commission v Dally M Publishing and Research Pty Limited [2007] FCA 1220

Because the contraventions of s 45 of the Competition Code were common ground and the agreed orders were appropriate having regard to the respondents' co-operation, absence of personal gain from the proposed arrangement, and the financial burden of the penalties, there was no good reason not to make orders in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
10 August 2007
Procedural Posture
Trade Practices Enforcement Proceeding Under the Competition Code of Victoria / Orders and Reasons Following Agreement Between the Parties as to Appropriate Remedy
Outcome
Orders made in accordance with the minutes submitted by the parties, including declarations of contravention, injunctions, a compliance program, pecuniary penalties and costs.
Legal Topics
['price Fixing' 'attempted Arrangement or Understanding' 'attempting to Induce Contraventions' 'pecuniary Penalties' 'injunctions' 'compliance Program' 'consent Orders']
['competition and Consumer Law' 'trade Practices'] ['price Fixing' 'attempted Arrangement or Understanding' 'attempting to Induce Contraventions' 'pecuniary Penalties' 'injunctions' 'compliance Program' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Trade Practices Enforcement Proceeding Under the Competition Code of Victoria / Orders and Reasons Following Agreement Between the Parties as to Appropriate Remedy

Legal Issues

  1. 1 ['Whether the First Respondent attempted to contravene section 45(2)(a)(ii) of the Competition Code of Victoria by attempting to make an arrangement with funeral celebrants to fix, control or maintain the standard fee for civil funeral ceremonies in metropolitan Melbourne.' 'Whether the Second Respondent attempted to induce the College and funeral celebrants to make an arrangement containing provisions to fix, control or maintain that fee.' 'Whether the orders agreed between the Australian Competition and Consumer Commission and the respondents, including declarations, injunctions, pecuniary penalties, costs and a compliance program, should be made by the Court.']

Ratio Decidendi

Because the contraventions of s 45 of the Competition Code were common ground and the agreed orders were appropriate having regard to the respondents' co-operation, absence of personal gain from the proposed arrangement, and the financial burden of the penalties, there was no good reason not to make orders in accordance with the parties' agreement.

Court Disposition

Orders made in accordance with the minutes submitted by the parties, including declarations of contravention, injunctions, a compliance program, pecuniary penalties and costs.

Orders

  • ['Declared that the First Respondent attempted to contravene section 45(2)(a)(ii) of the Competition Code of Victoria by attempting to make an arrangement with funeral celebrants to fix, control or maintain the standard fee at $440 including GST and thereafter increase it in line with the Consumer Price Index.'...