Australian Competition and Consumer Commission v McMahon Services Pty Ltd (ACN 008 274 020) (No 2) [2004] FCA 1172

Australian Competition and Consumer Commission v McMahon Services Pty Ltd (ACN 008 274 020) (No 2) [2004] FCA 1172

SA Demolition and Mr Parentes admitted to a contravention of the Trade Practices Act 1974 (Cth) s 45 by participating in a price-fixing arrangement with McMahon Services regarding demolition and asbestos removal tenders. The seriousness of the conduct and the need for deterrence justified penalties in the amounts of $65,625 and $35,000, respectively, with a 12.5% discount for cooperation. Both respondents had sufficient financial capacity to pay, and undertakings regarding future compliance were noted.

Jurisdiction
Australia
Judgment Date
09 September 2004
Procedural Posture
Civil / Final Judgment and Penalty Determination
Outcome
Penalties imposed; undertakings noted.
Legal Topics
['price Fixing' 'penalties' 'anti Competitive Conduct' 'admission of Contravention' 'trade Practices Act']
['competition Law'] ['price Fixing' 'penalties' 'anti Competitive Conduct' 'admission of Contravention' 'trade Practices Act']

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Procedural Posture

Civil / Final Judgment and Penalty Determination

Legal Issues

  1. 1 ['Whether SA Demolition and Mr Parentes contravened ss 45(2)(a)(ii) and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) by participating in a price-fixing arrangement' 'Appropriate penalty for contraventions under s 76 of the Act' "Assessment of respondents' cooperation, financial capacity, and parity with other respondents"]

Ratio Decidendi

SA Demolition and Mr Parentes admitted to a contravention of the Trade Practices Act 1974 (Cth) s 45 by participating in a price-fixing arrangement with McMahon Services regarding demolition and asbestos removal tenders. The seriousness of the conduct and the need for deterrence justified penalties in the amounts of $65,625 and $35,000, respectively, with a 12.5% discount for cooperation. Both respondents had sufficient financial capacity to pay, and undertakings regarding future compliance were noted.

Court Disposition

Penalties imposed; undertakings noted.

Orders

  • ['The third respondent pay to the Commonwealth of Australia a pecuniary penalty pursuant to s 76 of the Act in the sum of $65,625.' 'The fourth respondent pay to the Commonwealth of Australia a pecuniary penalty pursuant to s 76 of the Act in the sum of $35,000.' 'The third and fourth respondents are to give...