Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2000] FCA 997

Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2000] FCA 997

Admissions by respondents to entering and implementing agreements restricting competition in the ice supply market in Queensland breached ss45(2)(a)(i), (ii), 45(2)(b)(i), (ii) of the Trade Practices Act 1974 (Cth); penalties fixed reflect the seriousness of conduct, proportionality, cooperation, limited market share and capacity to pay.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Ithaca Ice Works Pty Limited; Second Respondent: Queensland Ice Supplies Pty Limited; Third Respondent: Ansonguard Pty Limited; Fourth Respondent: Kenneth John Smith; Fifth Respondent: Anthony John Mee; Sixth Respondent: Gregory Paul Mee; Seventh Respondent: Brian Bradley; Eighth Respondent: Leo Grevis; Ninth Respondent: Gary John Grevis; Tenth Respondent: Roderick Ian Matheson; Eleventh Respondent: Jack Numan Berry
Jurisdiction
Australia
Judgment Date
26 July 2000
Procedural Posture
Civil Proceeding / Judgment on Penalty and Costs Following Admissions
Outcome
Pecuniary penalties imposed as agreed or varied by the court; orders made in terms of draft minutes attached to submissions, including costs.
Legal Topics
Restrictive Trade Practices, Enforceability of Cartel Agreements, Pecuniary Penalties, Injunctive Relief, Proportionality of Penalties
Competition Law Restrictive Trade Practices Enforceability of Cartel Agreements Pecuniary Penalties Injunctive Relief Proportionality of Penalties

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Parties

Australian Competition and Consumer Commission

Applicant

Ithaca Ice Works Pty Limited

First Respondent

Queensland Ice Supplies Pty Limited

Second Respondent

Ansonguard Pty Limited

Third Respondent

Kenneth John Smith

Fourth Respondent

Anthony John Mee

Fifth Respondent

Gregory Paul Mee

Sixth Respondent

Brian Bradley

Seventh Respondent

Leo Grevis

Eighth Respondent

Gary John Grevis

Ninth Respondent

Roderick Ian Matheson

Tenth Respondent

Jack Numan Berry

Eleventh Respondent

Procedural Posture

Civil Proceeding / Judgment on Penalty and Costs Following Admissions

Legal Issues

  1. 1 Whether respondents contravened s45(2)(a) and s45(2)(b) of the Trade Practices Act 1974 (Cth) by making and giving effect to agreements with exclusionary provisions and substantial lessening of competition.
  2. 2 Appropriate penalties and costs for admitted contraventions.

Ratio Decidendi

Admissions by respondents to entering and implementing agreements restricting competition in the ice supply market in Queensland breached ss45(2)(a)(i), (ii), 45(2)(b)(i), (ii) of the Trade Practices Act 1974 (Cth); penalties fixed reflect the seriousness of conduct, proportionality, cooperation, limited market share and capacity to pay.

Court Disposition

Pecuniary penalties imposed as agreed or varied by the court; orders made in terms of draft minutes attached to submissions, including costs.

Orders

  • Second respondent: pecuniary penalty of $25,000; no penalty for seventh respondent.
  • Tenth respondent: pecuniary penalty of $7,500; pay applicant's costs of $2,500.