Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 2) [2016] FCA 528

Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 2) [2016] FCA 528

The admissions and agreed facts establish that Colgate contravened ss 45(2)(a)(i), 45(2)(b)(i), 45(2)(a)(ii), and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) by entering into and giving effect to anti-competitive arrangements regarding supply and pricing of laundry detergents, and Mr Ansell was knowingly concerned in those contraventions; the consent orders for pecuniary penalties, compliance, costs contributions, and disqualification are appropriate and within the range warranted by the seriousness, market size, and deterrence objectives.

Jurisdiction
Australia
Judgment Date
16 May 2016
Procedural Posture
Civil Penalty Proceeding / Final Orders and Penalty Determination After Joint Statement of Facts and Submissions
Outcome
Declarations and orders made by consent imposing penalties and other relief against Colgate and Mr Ansell; proceeding adjourned as to other respondents; dismissed as against Colgate and Mr Ansell subject to orders.
Legal Topics
['restrictive Trade Practices' 'cartel Conduct' 'information Sharing' 'pecuniary Penalties' 'compliance Orders' 'disqualification Orders']
['competition Law' 'trade Practices'] ['restrictive Trade Practices' 'cartel Conduct' 'information Sharing' 'pecuniary Penalties' 'compliance Orders' 'disqualification Orders']

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Procedural Posture

Civil Penalty Proceeding / Final Orders and Penalty Determination After Joint Statement of Facts and Submissions

Legal Issues

  1. 1 ['Whether Colgate and an employee contravened the Trade Practices Act 1974 (Cth) in relation to anti-competitive arrangements concerning supply and pricing of laundry detergents; whether admissions and consent orders for penalties, compliance, and disqualification are appropriate']

Ratio Decidendi

The admissions and agreed facts establish that Colgate contravened ss 45(2)(a)(i), 45(2)(b)(i), 45(2)(a)(ii), and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) by entering into and giving effect to anti-competitive arrangements regarding supply and pricing of laundry detergents, and Mr Ansell was knowingly concerned in those contraventions; the consent orders for pecuniary penalties, compliance, costs contributions, and disqualification are appropriate and within the range warranted by the seriousness, market size, and deterrence objectives.

Court Disposition

Declarations and orders made by consent imposing penalties and other relief against Colgate and Mr Ansell; proceeding adjourned as to other respondents; dismissed as against Colgate and Mr Ansell subject to orders.

Orders

  • ['Declaration of contraventions by Colgate and involvement by Mr Ansell.' 'Colgate to pay pecuniary penalties totaling $18,000,000 ($12,000,000 and $6,000,000 in respect to specified conduct).' 'Colgate to update, maintain, and administer a compliance and education/training program for three years.' 'Mr Ansell...