Trade Practices Commission v CC (NSW) Pty Ltd [1995] FCA 714

Trade Practices Commission v CC (NSW) Pty Ltd [1995] FCA 714

Multiplex Constructions Pty Limited and Leighton Contractors Pty Limited, and their respective agents Palmer and Dixon, contravened s 45(2)(a)(ii) and related provisions of the Trade Practices Act 1974 by entering into arrangements/understandings (special fee and unsuccessful tenderers fee agreements) which substantially lessened competition. The penalties imposed reflect maximum statutory penalties for two major contraventions for the corporate respondents, and appropriate scaled penalties for individuals based on admission, role, and aggravating/mitigating factors.

Jurisdiction
Australia
Judgment Date
08 September 1995
Procedural Posture
Restrictive Trade Practices Proceeding / Pecuniary Penalty and Injunctive Orders Following Admissions, Reasons for Judgment
Outcome
Declarations and orders made as to contraventions, pecuniary penalties, injunctions, and costs.
Legal Topics
['restrictive Trade Practices' 'collusive Tendering' 'price Fixing' 'pecuniary Penalties' 'declaratory and Injunctive Relief' 'accessory Liability']
['competition Law' 'trade Practices'] ['restrictive Trade Practices' 'collusive Tendering' 'price Fixing' 'pecuniary Penalties' 'declaratory and Injunctive Relief' 'accessory Liability']

Case Brief

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Procedural Posture

Restrictive Trade Practices Proceeding / Pecuniary Penalty and Injunctive Orders Following Admissions, Reasons for Judgment

Legal Issues

  1. 1 ['Did Multiplex and Leightons, and their agents Palmer and Dixon, engage in contraventions of the Trade Practices Act via collusive arrangements and understandings?' 'What is the appropriate quantum of pecuniary penalty and injunctive relief for the corporate and individual respondents?']

Ratio Decidendi

Multiplex Constructions Pty Limited and Leighton Contractors Pty Limited, and their respective agents Palmer and Dixon, contravened s 45(2)(a)(ii) and related provisions of the Trade Practices Act 1974 by entering into arrangements/understandings (special fee and unsuccessful tenderers fee agreements) which substantially lessened competition. The penalties imposed reflect maximum statutory penalties for two major contraventions for the corporate respondents, and appropriate scaled penalties for individuals based on admission, role, and aggravating/mitigating factors.

Court Disposition

Declarations and orders made as to contraventions, pecuniary penalties, injunctions, and costs.

Orders

  • ['Multiplex Constructions Pty Limited and Leighton Contractors Pty Limited declared to have contravened s 45(2)(a)(ii) regarding the special fee and unsuccessful tenderers fee arrangement.' 'Multiplex and Leightons each ordered to pay $250,000 pecuniary penalty for each of two contraventions, within 7 days.'...