Trade Practices Commission v. Simsmetal Ltd & Ors [1994] FCA 902

Trade Practices Commission v. Simsmetal Ltd & Ors [1994] FCA 902

Given the admitted facts and contraventions, the agreed penalties and injunctive relief are appropriate, proportionate to the market positions and conduct of the parties, and have a sufficient deterrent effect to further the objectives of the Trade Practices Act 1974.

Parties
Applicant: Trade Practices Commission; First Respondent: Simsmetal Limited; Second Respondent: Normet Industries Nominees Pty. Ltd.; Third Respondent: Peter Wright; Fourth Respondent: Lindsay Davis; Fifth Respondent: Paul James Sailah; Sixth Respondent: Michael Baker
Jurisdiction
Australia
Judgment Date
09 November 1994
Procedural Posture
Civil / Judgment Penalty Orders and Injunctive Relief
Outcome
Declarations of contraventions, imposition of pecuniary penalties, and injunctive relief granted as amended by the Court.
Legal Topics
Price Fixing, Market Sharing, Exclusionary Conduct, Pecuniary Penalties, Injunctive Relief
Competition Law Price Fixing Market Sharing Exclusionary Conduct Pecuniary Penalties Injunctive Relief

Case Brief

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Parties

Trade Practices Commission

Applicant

Simsmetal Limited

First Respondent

Normet Industries Nominees Pty. Ltd.

Second Respondent

Peter Wright

Third Respondent

Lindsay Davis

Fourth Respondent

Paul James Sailah

Fifth Respondent

Michael Baker

Sixth Respondent

Procedural Posture

Civil / Judgment Penalty Orders and Injunctive Relief

Legal Issues

  1. 1 Whether the respondents contravened s.45(2)(a)(i), 45(2)(a)(ii), and 45(2)(b)(ii) of the Trade Practices Act 1974
  2. 2 Appropriateness of agreed penalties and injunctive relief

Ratio Decidendi

Given the admitted facts and contraventions, the agreed penalties and injunctive relief are appropriate, proportionate to the market positions and conduct of the parties, and have a sufficient deterrent effect to further the objectives of the Trade Practices Act 1974.

Court Disposition

Declarations of contraventions, imposition of pecuniary penalties, and injunctive relief granted as amended by the Court.

Orders

  • Declaration of contraventions of s.45(2)(a)(i), 45(2)(a)(ii) and 45(2)(b)(ii) of the Trade Practices Act 1974 by Simsmetal Limited and Normet Industries Nominees Pty Ltd.
  • Imposition of pecuniary penalties: Simsmetal Limited to pay $125,000 (s.45(2)(a)(ii)), $125,000 (s.45(2)(b)(ii)), and $102,500 (s.45(2)(a)(i)); Normet Industries Nominees Pty Ltd to pay $30,000 (s.45(2)(a)(ii)), $30,000 (s.45(2)(b)(ii)), and $40,000 (s.45(2)(a)(i)).