Australian Competition & Consumer Commission v Woolworths (South Australia) Pty Limited (No 2) [2004] FCA 128

Australian Competition & Consumer Commission v Woolworths (South Australia) Pty Limited (No 2) [2004] FCA 128

Respondents engaged in conduct amounting to price fixing in contravention of s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act by entering into and giving effect to an agreement not to sell certain alcoholic beverages at discounted prices; the Court is satisfied to make consent declaratory and injunctive orders and note undertakings including a donation to a third party as part of the settlement.

Jurisdiction
Australia
Judgment Date
18 February 2004
Procedural Posture
Civil Proceeding / Judgment Following Consent Orders and Undertakings
Outcome
Consent declaratory and injunctive orders made; Court noted the undertakings and made no order as to costs.
Legal Topics
['price Fixing' 'undertakings' 'consent Orders' 'restrictive Trade Practices']
['competition Law' 'trade Practices'] ['price Fixing' 'undertakings' 'consent Orders' 'restrictive Trade Practices']

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Procedural Posture

Civil Proceeding / Judgment Following Consent Orders and Undertakings

Legal Issues

  1. 1 ['Whether respondents engaged in conduct in contravention of s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act 1974 (Cth)' 'Whether the Court should make declaratory and injunctive orders by consent' 'Whether undertakings to pay a sum of money to a third party as part of resolution are appropriate']

Ratio Decidendi

Respondents engaged in conduct amounting to price fixing in contravention of s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act by entering into and giving effect to an agreement not to sell certain alcoholic beverages at discounted prices; the Court is satisfied to make consent declaratory and injunctive orders and note undertakings including a donation to a third party as part of the settlement.

Court Disposition

Consent declaratory and injunctive orders made; Court noted the undertakings and made no order as to costs.

Orders

  • ['Declarations of contravention of s 45(2)(a)(ii) and s 45(2)(b)(ii) of the Trade Practices Act against first, second, and third respondents.' 'Declarations as to fourth, fifth and sixth respondents aiding, abetting, counselling or being knowingly concerned in contraventions.' 'Third respondent and fourth, fifth and...