Australian Competition & Consumer Commission v Geoff Clegg Enterprises Pty Limited [2000] FCA 977

Australian Competition & Consumer Commission v Geoff Clegg Enterprises Pty Limited [2000] FCA 977

Given admissions by the fourth and sixth respondents of serious breaches of the Trade Practices Act 1974 (Cth) through price fixing and market sharing agreements, and their cooperation with the applicant, the agreed penalty of $100,000, costs of $10,000, and three-year injunctions are appropriate remedies.

Jurisdiction
Australia
Judgment Date
21 July 2000
Procedural Posture
Application for Pecuniary Penalties and Injunctive Relief / Judgment and Orders
Outcome
Pecuniary penalty and injunctive relief granted by consent; costs awarded to applicant.
Legal Topics
['price Fixing' 'penalties' 'injunctive Relief' 'market Sharing' 'tender Rigging']
['competition Law' 'trade Practices'] ['price Fixing' 'penalties' 'injunctive Relief' 'market Sharing' 'tender Rigging']

Case Brief

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Procedural Posture

Application for Pecuniary Penalties and Injunctive Relief / Judgment and Orders

Legal Issues

  1. 1 ['Whether the fourth and sixth respondents contravened ss 45(2)(a)(i) and 45(2)(a)(ii) of the Trade Practices Act 1974 (Cth) through price fixing, market sharing, and tender rigging.' 'Appropriateness of pecuniary penalties and injunctive relief under s 76 of the Act.']

Ratio Decidendi

Given admissions by the fourth and sixth respondents of serious breaches of the Trade Practices Act 1974 (Cth) through price fixing and market sharing agreements, and their cooperation with the applicant, the agreed penalty of $100,000, costs of $10,000, and three-year injunctions are appropriate remedies.

Court Disposition

Pecuniary penalty and injunctive relief granted by consent; costs awarded to applicant.

Orders

  • ['Fourth respondent to pay a pecuniary penalty of $100,000 within twenty-eight days.' 'Fourth respondent restrained for three years from entering price fixing or similar agreements as described.' 'Sixth respondent restrained for three years from being involved in such agreements.' "Fourth and sixth respondents to...