Trade Practices Commission v Dunlop Australia- Ltd & John Anthony Steele [1980] FCA 95

Trade Practices Commission v Dunlop Australia- Ltd & John Anthony Steele [1980] FCA 95

Both Dunlop Australia Limited and its employee, John Anthony Steele, engaged in conduct contrary to s.48 of the Trade Practices Act 1974 by attempting to induce a retailer not to sell or advertise goods below specified prices (resale price maintenance). Appropriate pecuniary penalties are determined considering nature, extent, and mitigation factors, resulting in fines of $25,000 for Dunlop and $4,000 for Steele, plus costs.

Parties
Applicant: Trade Practices Commission; First Respondent: Dunlop Australia Limited; Second Respondent: John Anthony Steele
Jurisdiction
Australia
Judgment Date
25 June 1980
Procedural Posture
Civil / Final Judgment
Outcome
Application granted. Penalties and costs ordered.
Legal Topics
Resale Price Maintenance, Pecuniary Penalties, Mitigation of Penalty
Trade Practices Competition Law Resale Price Maintenance Pecuniary Penalties Mitigation of Penalty

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Parties

Trade Practices Commission

Applicant

Dunlop Australia Limited

First Respondent

John Anthony Steele

Second Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the respondents engaged in resale price maintenance contrary to s.48 of the Trade Practices Act 1974
  2. 2 Appropriate pecuniary penalty to impose for contravention
  3. 3 Matters to be considered in mitigation of penalty

Ratio Decidendi

Both Dunlop Australia Limited and its employee, John Anthony Steele, engaged in conduct contrary to s.48 of the Trade Practices Act 1974 by attempting to induce a retailer not to sell or advertise goods below specified prices (resale price maintenance). Appropriate pecuniary penalties are determined considering nature, extent, and mitigation factors, resulting in fines of $25,000 for Dunlop and $4,000 for Steele, plus costs.

Court Disposition

Application granted. Penalties and costs ordered.

Orders

  • Dunlop Australia Limited to pay pecuniary penalty of $25,000.
  • Judgment for the Commission against Dunlop for $25,000 pursuant to s.77.