Australian Competition and Consumer Commission v White Top Taxis Ltd [2009] FCA 88

Australian Competition and Consumer Commission v White Top Taxis Ltd [2009] FCA 88

The roster-off provision restricted the supply of taxi-cab services to passengers or potential passengers in the Shepparton area, constituting an exclusionary provision under s 4D of the Competition Code of Victoria, and the respondents' admitted conduct contravened s 45(2); thus, declarations, injunctions, and pecuniary penalties were justified.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: White Top Taxis Limited (ACN 050 026 009); Second Respondent: Rex Powell; Third Respondent: Allan Bemrose; Fourth Respondent: Anthony Mason; Fifth Respondent: Geoffrey Groves
Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Civil / Final Judgment and Orders
Outcome
Declarations of contraventions, injunctions, corporate compliance orders, pecuniary penalties, and costs awarded as per revised minutes submitted by the parties.
Legal Topics
Exclusionary Provisions, Penalty Determination, Injunctions, Corporate Compliance, Taxi Cab Services, Arrangements Among Competitors
Competition Law Exclusionary Provisions Penalty Determination Injunctions Corporate Compliance Taxi Cab Services Arrangements Among Competitors

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Parties

Australian Competition and Consumer Commission

Applicant

White Top Taxis Limited (ACN 050 026 009)

First Respondent

Rex Powell

Second Respondent

Allan Bemrose

Third Respondent

Anthony Mason

Fourth Respondent

Geoffrey Groves

Fifth Respondent

Procedural Posture

Civil / Final Judgment and Orders

Legal Issues

  1. 1 Whether the roster system constituted an exclusionary provision under s 4D of the Competition Code of Victoria
  2. 2 Whether the respondents contravened s 45(2) of the Competition Code of Victoria by making and giving effect to the arrangement
  3. 3 Appropriate pecuniary penalties and injunctive relief

Ratio Decidendi

The roster-off provision restricted the supply of taxi-cab services to passengers or potential passengers in the Shepparton area, constituting an exclusionary provision under s 4D of the Competition Code of Victoria, and the respondents' admitted conduct contravened s 45(2); thus, declarations, injunctions, and pecuniary penalties were justified.

Court Disposition

Declarations of contraventions, injunctions, corporate compliance orders, pecuniary penalties, and costs awarded as per revised minutes submitted by the parties.

Orders

  • Declarations of contravention against all respondents regarding exclusionary provision and giving effect to arrangement.
  • Injunctions restraining respondents from engaging in similar conduct for three years.