Australian Competition and Consumer Commission v Oobi Baby Pty Ltd [2008] FCA 1488

Australian Competition and Consumer Commission v Oobi Baby Pty Ltd [2008] FCA 1488

Oobi Baby Pty Ltd engaged in multiple instances of resale price maintenance in deliberate but ignorant contravention of s 48 of the Trade Practices Act 1974 (Cth), evidenced by emails and website terms directed at minimum retail pricing. Both respondents admitted liability. Having regard to the scale of operations, early cooperation, and the agreed position between the parties, a $40,000 penalty against the company (but not separately against Ms Riggs), along with injunctions, compliance measures, and publication orders, was within the permissible range and appropriate in the circumstances for both specific and general deterrence.

Jurisdiction
Australia
Judgment Date
07 October 2008
Procedural Posture
Civil / Judgment and Final Orders After Admissions and Joint Penalty Submission
Outcome
Declarations of contravention, injunctions, $40,000 penalty against Oobi Baby Pty Ltd, compliance and publication orders; no penalty against Alexandra Riggs; costs to the applicant.
Legal Topics
['resale Price Maintenance' 'pecuniary Penalties' 'injunctions' 'trade Practices Act']
['competition Law' 'consumer Law'] ['resale Price Maintenance' 'pecuniary Penalties' 'injunctions' 'trade Practices Act']

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Procedural Posture

Civil / Judgment and Final Orders After Admissions and Joint Penalty Submission

Legal Issues

  1. 1 ['Whether Oobi Baby Pty Ltd engaged in resale price maintenance in contravention of s 48 of the Trade Practices Act 1974 (Cth)' 'Whether Alexandra Riggs was knowingly concerned in the contraventions by Oobi Baby Pty Ltd' 'Appropriate penalty and other relief for admitted contraventions']

Ratio Decidendi

Oobi Baby Pty Ltd engaged in multiple instances of resale price maintenance in deliberate but ignorant contravention of s 48 of the Trade Practices Act 1974 (Cth), evidenced by emails and website terms directed at minimum retail pricing. Both respondents admitted liability. Having regard to the scale of operations, early cooperation, and the agreed position between the parties, a $40,000 penalty against the company (but not separately against Ms Riggs), along with injunctions, compliance measures, and publication orders, was within the permissible range and appropriate in the circumstances for both specific and general deterrence.

Court Disposition

Declarations of contravention, injunctions, $40,000 penalty against Oobi Baby Pty Ltd, compliance and publication orders; no penalty against Alexandra Riggs; costs to the applicant.

Orders

  • ['Declarations made against both respondents for contraventions of s 48 Trade Practices Act 1974 (Cth)' 'Oobi Baby Pty Ltd restrained for 3 years from engaging in specified resale price maintenance conduct' 'Alexandra Riggs restrained for 3 years from involvement in such conduct' 'Oobi Baby Pty Ltd to pay $40,000...