Australian Competition & Consumer Commission v Tyco Australia Pty Ltd ACN 008 399 004 [2001] FCA 22

Australian Competition & Consumer Commission v Tyco Australia Pty Ltd ACN 008 399 004 [2001] FCA 22

FFE Building Services Ltd, through its officers, engaged in anti-competitive conduct in breach of s 45 of the Trade Practices Act 1974 (Cth) and was ordered, by consent, to pay a pecuniary penalty, costs, and to submit to injunctive relief to prevent future similar conduct.

Jurisdiction
Australia
Judgment Date
18 January 2001
Procedural Posture
Civil / Penalty and Injunctive Relief Determination
Outcome
Penalty and injunctive relief ordered by consent against FFE Building Services Ltd
Legal Topics
['trade Practices Act 1974 (cth)' 'section 45 Contraventions' 'penalties' 'injunctive Relief' 'anti Competitive Conduct' 'fire Protection Industry']
['competition Law'] ['trade Practices Act 1974 (cth)' 'section 45 Contraventions' 'penalties' 'injunctive Relief' 'anti Competitive Conduct' 'fire Protection Industry']

Case Brief

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Procedural Posture

Civil / Penalty and Injunctive Relief Determination

Legal Issues

  1. 1 ['Whether FFE Building Services Ltd contravened ss 45(2)(a)(ii) and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) by engaging in anti-competitive arrangements in the fire sprinkler and fire alarm markets in South-East Queensland' 'Appropriate penalty and injunctive relief to be imposed']

Ratio Decidendi

FFE Building Services Ltd, through its officers, engaged in anti-competitive conduct in breach of s 45 of the Trade Practices Act 1974 (Cth) and was ordered, by consent, to pay a pecuniary penalty, costs, and to submit to injunctive relief to prevent future similar conduct.

Court Disposition

Penalty and injunctive relief ordered by consent against FFE Building Services Ltd

Orders

  • ['Penalty of $5,000,000 imposed upon the third respondent, FFE Building Services Ltd, for contraventions of ss 45(2)(a)(ii) and 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) occurring after 30 September 1993.' 'Penalty to be paid to the Commonwealth of Australia within thirty days of the date of the order.'...