Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 5) [2013] FCA 294

Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 5) [2013] FCA 294

Viscas contravened the Trade Practices Act 1974 (Cth) by participating in a cartel arrangement to fix prices and allocate markets in the supply of land cables in Australia; an agreed penalty of $1,350,000, a three-year injunction, and costs order are appropriate to ensure deterrence given the seriousness of the contravention, Viscas's cooperation, compliance measures, and lack of prior convictions.

Jurisdiction
Australia
Judgment Date
05 April 2013
Procedural Posture
Civil / Final Judgment and Orders After Agreed Settlement With One Respondent (viscas)
Outcome
Penalty, injunction, costs order made against Viscas; proceedings otherwise dismissed against Viscas
Legal Topics
['anti Competitive Conduct' 'pecuniary Penalty' 'injunction' 'cartel Conduct' 'costs' 'market Allocation' 'price Fixing']
['competition Law' 'consumer Law' 'trade Practices'] ['anti Competitive Conduct' 'pecuniary Penalty' 'injunction' 'cartel Conduct' 'costs' 'market Allocation' 'price Fixing']

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Procedural Posture

Civil / Final Judgment and Orders After Agreed Settlement With One Respondent (viscas)

Legal Issues

  1. 1 ['Whether Viscas contravened the Trade Practices Act 1974 (Cth) by engaging in anti-competitive conduct relating to the supply of land cables in Australia' 'Whether the proposed pecuniary penalty is appropriate in the circumstances' 'Whether an injunction should be granted to restrain future contravention']

Ratio Decidendi

Viscas contravened the Trade Practices Act 1974 (Cth) by participating in a cartel arrangement to fix prices and allocate markets in the supply of land cables in Australia; an agreed penalty of $1,350,000, a three-year injunction, and costs order are appropriate to ensure deterrence given the seriousness of the contravention, Viscas's cooperation, compliance measures, and lack of prior convictions.

Court Disposition

Penalty, injunction, costs order made against Viscas; proceedings otherwise dismissed against Viscas

Orders

  • ['Viscas restrained for 3 years from making or giving effect to any contract or arrangement with competitors for the supply of land cables in Australia with the purpose, effect or likely effect of fixing prices or limiting supply, unless otherwise authorised or as a joint venture as provided by the Act.' 'Viscas to...