Australian Competition & Consumer Commission Pioneer Concrete Pty Ltd & Ors [1995] FCA 1061

Australian Competition & Consumer Commission Pioneer Concrete Pty Ltd & Ors [1995] FCA 1061

The Court accepted the parties' joint submissions that the respondents had contravened s. 45(2)(a)(ii) and s. 45(2)(b)(ii) of the Trade Practices Act 1974 through price-fixing and market-rigging, and adopted the agreement on penalties and relief as appropriate in the circumstances.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Pioneer Concrete (Old) Pty Limited; Second Respondent: Boral Resources (Old) Pty Limited; Third Respondent: CSR Limited; Fourth Respondent: Robin Torrisi; Fifth Respondent: Geoffrey Edward Stiles; Sixth Respondent: John Brown; Seventh Respondent: Dennis Ronald Sheldon; Eighth Respondent: Russell Redenbach; Ninth Respondent: Peter Kinsella
Jurisdiction
Australia
Judgment Date
04 December 1995
Procedural Posture
Proceeding for Pecuniary Penalties and Other Relief / Judgment Following Agreement Between Parties, With Court Endorsement
Outcome
Orders made as per the agreement and short minutes of order initialled by the judge, including penalties, relief, and acceptance of undertakings.
Legal Topics
Price Fixing, Market Rigging, Pecuniary Penalty, Injunction, Undertaking, Contravention of Trade Practices Act
Competition Law Price Fixing Market Rigging Pecuniary Penalty Injunction Undertaking Contravention of Trade Practices Act

Case Brief

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Parties

Australian Competition and Consumer Commission

Applicant

Pioneer Concrete (Old) Pty Limited

First Respondent

Boral Resources (Old) Pty Limited

Second Respondent

CSR Limited

Third Respondent

Robin Torrisi

Fourth Respondent

Geoffrey Edward Stiles

Fifth Respondent

John Brown

Sixth Respondent

Dennis Ronald Sheldon

Seventh Respondent

Russell Redenbach

Eighth Respondent

Peter Kinsella

Ninth Respondent

Procedural Posture

Proceeding for Pecuniary Penalties and Other Relief / Judgment Following Agreement Between Parties, With Court Endorsement

Legal Issues

  1. 1 Whether respondents contravened s. 45(2)(a)(ii) and s. 45(2)(b)(ii) of the Trade Practices Act 1974 by engaging in price-fixing and market-rigging
  2. 2 Appropriate pecuniary penalty and other relief

Ratio Decidendi

The Court accepted the parties' joint submissions that the respondents had contravened s. 45(2)(a)(ii) and s. 45(2)(b)(ii) of the Trade Practices Act 1974 through price-fixing and market-rigging, and adopted the agreement on penalties and relief as appropriate in the circumstances.

Court Disposition

Orders made as per the agreement and short minutes of order initialled by the judge, including penalties, relief, and acceptance of undertakings.

Orders

  • Order 1 as sought in the short minutes of order initialled by the Judge dated 4 December 1995
  • Findings in paragraphs 2, 3, 4, 5 and 6 of the short minutes of order