Australian Competition and Consumer Commission v Barton Mines Corporation & Ors [2006] FCA 1264

Australian Competition and Consumer Commission v Barton Mines Corporation & Ors [2006] FCA 1264

The First and Second Respondents contravened s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) because they made an arrangement with GIRL and GMA containing provisions that had the purpose of preventing the supply of alluvial garnet by the First and Second Respondents and their related bodies corporate to customers in Western Australia and the Northern Territory, and by GMA to customers in Queensland, New South Wales, Victoria, Tasmania and South Australia. The agreed declarations, injunctions and penalties were appropriate because they reflected admitted contraventions, cooperation, absence of prior Part IV contraventions, the respondents' financial position, lack of alleged specific...

Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Application for Declarations, Injunctions and Pecuniary Penalties for Contraventions of S 45(2) of the Trade Practices Act 1974 (cth) / Consent Orders and Reasons Following Agreed Statement of Facts and Joint Submissions
Outcome
Consent orders made; claims against the Third Respondent discontinued; declarations, injunctions, pecuniary penalties and costs contribution ordered against the First and Second Respondents.
Legal Topics
['restrictive Trade Practices' 'exclusionary Provision' 'geographic Market Allocation' 'pecuniary Penalties' 'consent Orders' 'injunctive Relief']
['competition and Consumer Law' 'trade Practices'] ['restrictive Trade Practices' 'exclusionary Provision' 'geographic Market Allocation' 'pecuniary Penalties' 'consent Orders' 'injunctive Relief']

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Procedural Posture

Application for Declarations, Injunctions and Pecuniary Penalties for Contraventions of S 45(2) of the Trade Practices Act 1974 (cth) / Consent Orders and Reasons Following Agreed Statement of Facts and Joint Submissions

Legal Issues

  1. 1 ['Whether the arrangement made by the First and Second Respondents with Garnet International Resources Pty Ltd and GMA Garnet Pty Ltd contained an exclusionary provision within the meaning of s 4D of the Trade Practices Act 1974 (Cth).' 'Whether the First and Second Respondents contravened s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth).' 'Whether the proposed declarations, injunctions and pecuniary penalties agreed by the parties were appropriate.']

Ratio Decidendi

The First and Second Respondents contravened s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) because they made an arrangement with GIRL and GMA containing provisions that had the purpose of preventing the supply of alluvial garnet by the First and Second Respondents and their related bodies corporate to customers in Western Australia and the Northern Territory, and by GMA to customers in Queensland, New South Wales, Victoria, Tasmania and South Australia. The agreed declarations, injunctions and penalties were appropriate because they reflected admitted contraventions, cooperation, absence of prior Part IV contraventions, the respondents' financial position, lack of alleged specific...

Court Disposition

Consent orders made; claims against the Third Respondent discontinued; declarations, injunctions, pecuniary penalties and costs contribution ordered against the First and Second Respondents.

Orders

  • ['Paragraphs 1 and 2 of the orders made on 8 August 2005 are set aside.' 'The Applicant is given leave to discontinue the proceeding in respect of all claims made against the Third Respondent, with no order as to costs and on the stated condition against reinstitution of proceedings in relation to those claims.'...