Australian Competition and Consumer Commission v IGC Dorel Pty Ltd [2010] FCA 1303

Australian Competition and Consumer Commission v IGC Dorel Pty Ltd [2010] FCA 1303

The agreed facts and joint submissions established the resale price maintenance contraventions and the second respondent's involvement, and the agreed penalties were within the permissible range; therefore it was appropriate to make the consent declarations and orders.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 November 2010
Procedural Posture
Trade Practices Proceeding Alleging Resale Price Maintenance / Consent Declarations and Orders, Including Pecuniary Penalties
Outcome
Consent declarations and orders made; proceedings otherwise dismissed.
Legal Topics
['resale Price Maintenance' 'pecuniary Penalties' 'consent Orders' 'injunctions' 'trade Practices Compliance Program']
['competition and Consumer Law' 'trade Practices'] ['resale Price Maintenance' 'pecuniary Penalties' 'consent Orders' 'injunctions' 'trade Practices Compliance Program']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Trade Practices Proceeding Alleging Resale Price Maintenance / Consent Declarations and Orders, Including Pecuniary Penalties

Legal Issues

  1. 1 ['Whether the first respondent engaged in resale price maintenance in contravention of s 48 of the Trade Practices Act 1974 (Cth) by conduct referred to in ss 96(3)(a), 96(3)(b), 96(3)(c), 96(3)(f) and 96(7)(c).' "Whether the second respondent aided, abetted, counselled or procured and/or was directly or knowingly concerned in and party to the first respondent's contravention of s 48." 'Whether the agreed pecuniary penalties of $80,000 for the first respondent and $20,000 for the second respondent were appropriate and within the permissible range.']

Ratio Decidendi

The agreed facts and joint submissions established the resale price maintenance contraventions and the second respondent's involvement, and the agreed penalties were within the permissible range; therefore it was appropriate to make the consent declarations and orders.

Court Disposition

Consent declarations and orders made; proceedings otherwise dismissed.

Orders

  • ['Declared that the first respondent engaged in resale price maintenance in contravention of s 48 of the Trade Practices Act 1974 (Cth) in relation to Baby Bella Pty Ltd, Pram Warehouse and BabyCo.' "Declared that the second respondent aided, abetted, counselled or procured and/or was directly or knowingly concerned...