Trade Practices Commission v. Parkfield Operations Pty Ltd & Anor [1985] FCA 545

Trade Practices Commission v. Parkfield Operations Pty Ltd & Anor [1985] FCA 545

The respondents' conversations and proposals regarding increasing petrol prices amounted to attempts to make an arrangement or induce an arrangement to fix prices under the Trade Practices Act; detail or permanence of the arrangement was not required, and the attempts were sufficiently immediate and connected with the contravention to satisfy s.76(1)(b).

Parties
Appellant: Trade Practices Commission; First Respondent: Parkfield Operations Pty. Limited; Second Respondent: Lawrence Neil Chapman
Jurisdiction
Australia
Judgment Date
30 October 1985
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed; decision of trial judge set aside; penalties imposed.
Legal Topics
Price Fixing, Attempts and Inducements, Arrangements or Understandings, Penalties Under Trade Practices Act
Trade Practices Law Competition Law Price Fixing Attempts and Inducements Arrangements or Understandings Penalties Under Trade Practices Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Trade Practices Commission

Appellant

Parkfield Operations Pty. Limited

First Respondent

Lawrence Neil Chapman

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether an attempt to make an arrangement or understanding to increase petrol prices was proven
  2. 2 Whether an attempt to induce such an arrangement or understanding was proven
  3. 3 Whether necessary elements for attempt under s.76(1)(b) were met

Ratio Decidendi

The respondents' conversations and proposals regarding increasing petrol prices amounted to attempts to make an arrangement or induce an arrangement to fix prices under the Trade Practices Act; detail or permanence of the arrangement was not required, and the attempts were sufficiently immediate and connected with the contravention to satisfy s.76(1)(b).

Court Disposition

Appeal allowed; decision of trial judge set aside; penalties imposed.

Orders

  • The appeal be allowed.
  • The decision of the trial Judge be set aside.