Trade Practices Commission v Culley, Frank Thomas & Anor [1983] FCA 267

Trade Practices Commission v Culley, Frank Thomas & Anor [1983] FCA 267

Although the respondents attempted to have a retailer increase petrol prices and attended meetings about stopping discounting, the attempt was unsuccessful, no threats were made, and no actual harm to the public occurred. Nonetheless, their conduct breached the Act and warrants a modest penalty to mark the Court's disapproval and deter similar conduct.

Parties
Applicant: Trade Practices Commission; First Respondent: Frank Thomas Culley; Second Respondent: Keith James Greenwell
Jurisdiction
Australia
Judgment Date
11 October 1983
Procedural Posture
Application for Pecuniary Penalty / Penalty Determination
Outcome
Pecuniary penalties imposed; costs ordered against respondents.
Legal Topics
Restrictive Trade Practices, Attempt to Fix Prices, Retail Petrol Sales, Pecuniary Penalties
Competition Law Restrictive Trade Practices Attempt to Fix Prices Retail Petrol Sales Pecuniary Penalties

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Parties

Trade Practices Commission

Applicant

Frank Thomas Culley

First Respondent

Keith James Greenwell

Second Respondent

Procedural Posture

Application for Pecuniary Penalty / Penalty Determination

Legal Issues

  1. 1 Whether the respondents' conduct constituted an attempt to fix prices in breach of s.45(2)(a)(ii) of the Trade Practices Act 1974
  2. 2 What pecuniary penalty is appropriate under s.76(1) of the Act

Ratio Decidendi

Although the respondents attempted to have a retailer increase petrol prices and attended meetings about stopping discounting, the attempt was unsuccessful, no threats were made, and no actual harm to the public occurred. Nonetheless, their conduct breached the Act and warrants a modest penalty to mark the Court's disapproval and deter similar conduct.

Court Disposition

Pecuniary penalties imposed; costs ordered against respondents.

Orders

  • The respondents each pay to the Commonwealth of Australia a pecuniary penalty of $500 in respect of the matters alleged against them in paragraph 8 of the Statement of Claim.
  • The respondents each pay to the applicant one half of its costs of the application, to be taxed as one set of costs.