Australian Competition and Consumer Commission v Eternal Beauty Products Pty Ltd [2012] FCA 1124

Australian Competition and Consumer Commission v Eternal Beauty Products Pty Ltd [2012] FCA 1124

The respondents contravened section 48 of the Competition and Consumer Act 2010 (Cth) by inducing and attempting to induce online retailers not to sell specified beauty products below minimum prices, and the second respondent was knowingly concerned in the contraventions. The admitted conduct, cooperation, and agreed facts warranted declaratory relief, pecuniary penalties by consent, and compliance orders as appropriate in the circumstances.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Eternal Beauty Products Pty Ltd; Second Respondent: Penny Rider
Jurisdiction
Australia
Judgment Date
17 October 2012
Procedural Posture
Civil / Final Judgment
Outcome
Orders made by consent: declarations of contraventions, pecuniary penalties against both respondents, compliance program and training instituted, compliance orders made, costs ordered.
Legal Topics
Resale Price Maintenance, Pecuniary Penalties, Compliance Program, Declaratory Relief, Consent Orders
Competition Law Resale Price Maintenance Pecuniary Penalties Compliance Program Declaratory Relief 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 3 Authorities cited 28 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Australian Competition and Consumer Commission

Applicant

Eternal Beauty Products Pty Ltd

First Respondent

Penny Rider

Second Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the respondents contravened section 48 of the Competition and Consumer Act 2010 (Cth) by engaging in resale price maintenance
  2. 2 Whether the second respondent was knowingly concerned in the contraventions
  3. 3 Appropriateness of ordering penalties and payment by instalments

Ratio Decidendi

The respondents contravened section 48 of the Competition and Consumer Act 2010 (Cth) by inducing and attempting to induce online retailers not to sell specified beauty products below minimum prices, and the second respondent was knowingly concerned in the contraventions. The admitted conduct, cooperation, and agreed facts warranted declaratory relief, pecuniary penalties by consent, and compliance orders as appropriate in the circumstances.

Court Disposition

Orders made by consent: declarations of contraventions, pecuniary penalties against both respondents, compliance program and training instituted, compliance orders made, costs ordered.

Orders

  • Declarations that the respondents contravened section 48 of the Competition and Consumer Act 2010 (Cth) by inducing and attempting to induce resale price maintenance
  • Pecuniary penalty against Eternal Beauty Products Pty Ltd of $80,000 payable by four equal monthly instalments