Australian Competition and Consumer Commission v Jurlique International Pty Ltd [2007] FCA 79

Australian Competition and Consumer Commission v Jurlique International Pty Ltd [2007] FCA 79

Jurlique International Pty Ltd, Jurlique Distribution Pty Ltd, J & J Franchising Pty Ltd, Jurlique Spa Pty Ltd, and Dr Klein engaged in or were knowingly concerned in resale price maintenance and/or price fixing contrary to ss 45 and/or 48 of the Trade Practices Act 1974 (Cth). The admitted conduct encompassed offers and agreements with retail customers and franchisees to set or maintain minimum resale prices, attempted and actual inducement not to discount, provision of price lists likely to be understood as minimum prices, withholding supply for discounting, and price fixing agreements between competitors in treatments. Having regard to the nature, extent, and period of the contravening...

Jurisdiction
Australia
Judgment Date
08 February 2007
Procedural Posture
Civil Competition Law Enforcement / Final Judgment on Penalty and Orders Following Admissions
Outcome
Pecuniary penalties imposed; injunctive relief granted; declaratory relief and costs orders made, in accordance with parties’ joint submission.
Legal Topics
['resale Price Maintenance' 'price Fixing' 'penalties Under Trade Practices Act 1974 (cth)' 'ancillary Liability' 'injunctions Competition Law' 'franchising']
['competition Law' 'consumer Law'] ['resale Price Maintenance' 'price Fixing' 'penalties Under Trade Practices Act 1974 (cth)' 'ancillary Liability' 'injunctions Competition Law' 'franchising']

Case Brief

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Procedural Posture

Civil Competition Law Enforcement / Final Judgment on Penalty and Orders Following Admissions

Legal Issues

  1. 1 ['Whether the respondents engaged in and/or were knowingly concerned in conduct contravening s 48 of the Trade Practices Act 1974 (Cth) through resale price maintenance in the supply of Jurlique products' 'Whether the third respondent contravened s 45 of the Trade Practices Act 1974 (Cth) (price fixing in relation to Jurlique treatments)' 'Appropriate quantum of pecuniary penalty and injunctive relief']

Ratio Decidendi

Jurlique International Pty Ltd, Jurlique Distribution Pty Ltd, J & J Franchising Pty Ltd, Jurlique Spa Pty Ltd, and Dr Klein engaged in or were knowingly concerned in resale price maintenance and/or price fixing contrary to ss 45 and/or 48 of the Trade Practices Act 1974 (Cth). The admitted conduct encompassed offers and agreements with retail customers and franchisees to set or maintain minimum resale prices, attempted and actual inducement not to discount, provision of price lists likely to be understood as minimum prices, withholding supply for discounting, and price fixing agreements between competitors in treatments. Having regard to the nature, extent, and period of the contravening...

Court Disposition

Pecuniary penalties imposed; injunctive relief granted; declaratory relief and costs orders made, in accordance with parties’ joint submission.

Orders

  • ['Pecuniary penalty: Jurlique International to pay $1,000,000 within 21 days of order' 'Pecuniary penalty: Jurlique Distribution to pay $1,400,000 within 21 days of order' 'Pecuniary penalty: J & J Franchising to pay $700,000 within 21 days of order' 'Pecuniary penalty: Jurlique Spa to pay $100,000 within 21 days of...