Trade Practices Commission v. Cook-On Gas Products Pty Ltd & Ors [1985] FCA 138

Trade Practices Commission v. Cook-On Gas Products Pty Ltd & Ors [1985] FCA 138

Each corporate respondent contravened Section 45(2)(a)(ii) of the Trade Practices Act 1974 by reaching an understanding likely to have the effect of fixing or controlling prices for barbeque equipment. The conduct, though in breach, was prompted by a desire to enable retailers to trade profitably. Given the circumstances, lack of evidence of loss or damage, cooperation, and lack of previous contraventions, penalties at the lower end of the scale were appropriate.

Parties
Applicant: Trade Practices Commission; First Respondent: Cook-On Gas Products Pty. Limited; Second Respondent: Cook-On Gas Products (S.A.) Pty. Limited; Third Respondent: Barbeques Galore Pty. Limited; Fourth Respondent: The Barbeque Centre Pty. Limited; Fifth Respondent: John Richard Warren Price; Sixth Respondent: Barry Frederic Phillis; Seventh Respondent: Maxwell Gene Mason; Eighth Respondent: John Mason Pascoe
Jurisdiction
Australia
Judgment Date
04 April 1985
Procedural Posture
Application for Penalty and Injunction / Judgment and Orders
Outcome
Penalties imposed; injunctions granted by consent.
Legal Topics
Price Fixing, Penalties, Injunctions
Competition Law Price Fixing Penalties Injunctions

Case Brief

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Parties

Trade Practices Commission

Applicant

Cook-On Gas Products Pty. Limited

First Respondent

Cook-On Gas Products (S.A.) Pty. Limited

Second Respondent

Barbeques Galore Pty. Limited

Third Respondent

The Barbeque Centre Pty. Limited

Fourth Respondent

John Richard Warren Price

Fifth Respondent

Barry Frederic Phillis

Sixth Respondent

Maxwell Gene Mason

Seventh Respondent

John Mason Pascoe

Eighth Respondent

Procedural Posture

Application for Penalty and Injunction / Judgment and Orders

Legal Issues

  1. 1 Whether respondents contravened Section 45(2)(a)(ii) of the Trade Practices Act 1974 by arriving at an understanding likely to have the effect of fixing or controlling prices for barbeque equipment
  2. 2 What is the appropriate pecuniary penalty to impose on each corporate respondent

Ratio Decidendi

Each corporate respondent contravened Section 45(2)(a)(ii) of the Trade Practices Act 1974 by reaching an understanding likely to have the effect of fixing or controlling prices for barbeque equipment. The conduct, though in breach, was prompted by a desire to enable retailers to trade profitably. Given the circumstances, lack of evidence of loss or damage, cooperation, and lack of previous contraventions, penalties at the lower end of the scale were appropriate.

Court Disposition

Penalties imposed; injunctions granted by consent.

Orders

  • Each of Cook-On Gas Products Pty. Limited, Cook-On Gas Products (S.A.) Pty. Limited, Barbeques Galore Pty. Limited, and The Barbeque Centre Pty. Limited pay a pecuniary penalty of $2,000 to the Commonwealth.
  • Each of the respondents pay the amount of its pecuniary penalty to the Acting District Registrar of this Court within 21 days of the date of the order.