Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 8) [2011] FCA 153

Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 8) [2011] FCA 153

The Court found that the 11th and 12th respondents entered into and gave effect to price fixing arrangements in relation to UWF paper supplied to Australia, thereby contravening s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) and the Codes; the proposed orders for injunctions, declarations, penalties, and costs were appropriate having regard to the legal principles of penalty assessment and the facts admitted.

Jurisdiction
Australia
Judgment Date
25 February 2011
Procedural Posture
Civil / Final Judgment With Orders Following Agreed Facts and Admissions
Outcome
Declarations made and injunctions, pecuniary penalties, and costs orders imposed by consent; proceedings otherwise dismissed as against some respondents.
Legal Topics
['price Fixing' 'cartel Conduct' 'penalties—pecuniary Penalty' 'injunctions' 'declarations' 'costs Orders']
['competition Law' 'trade Practices'] ['price Fixing' 'cartel Conduct' 'penalties—pecuniary Penalty' 'injunctions' 'declarations' 'costs Orders']

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Procedural Posture

Civil / Final Judgment With Orders Following Agreed Facts and Admissions

Legal Issues

  1. 1 ['Whether the 11th and 12th respondents contravened s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) and Codes by participating in price fixing arrangements regarding supply of uncoated woodfree paper to Australia' 'Appropriateness of proposed declarations, injunctions, and penalties on agreed facts']

Ratio Decidendi

The Court found that the 11th and 12th respondents entered into and gave effect to price fixing arrangements in relation to UWF paper supplied to Australia, thereby contravening s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth) and the Codes; the proposed orders for injunctions, declarations, penalties, and costs were appropriate having regard to the legal principles of penalty assessment and the facts admitted.

Court Disposition

Declarations made and injunctions, pecuniary penalties, and costs orders imposed by consent; proceedings otherwise dismissed as against some respondents.

Orders

  • ['Declarations of contraventions of s 45(2)(a)(ii) and s 45(2)(b)(ii) by the 11th and 12th respondents' 'Injunctions restraining the 11th and 12th respondents from cartel conduct for five years' 'Pecuniary penalty of $3,400,000 payable by 11th respondent within 28 days' 'Pecuniary penalty of $800,000 payable by 12th...