Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49

Federal Court of Australia

Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49 Appeal from: Australian Competition and Consumer Commission v Volkswagen Aktiengesellschaft [2019] FCA 2166

File number: NSD 125 of 2020

Judgment of: WIGNEY, BEACH, AND O'BRYAN JJ

Date of judgment: 9 April 2021

Catchwords: CONSUMER LAW – admitted contraventions of s 29(1)(a) of the Australian Consumer Law by appellant Volkswagen Aktiengesellschaft – where regulatory proceedings settled as between the regulator, Australian Competition and Consumer Commission, and Volkswagen and its subsidiaries and affiliates – where the parties jointly proposed an agreed pecuniary penalty as part of the settlement – where the primary judge found that the agreed pecuniary penalty was not appropriate within the meaning of s 224(1) of the Australian Consumer Law – where the primary judge held that the agreed pecuniary penalty was manifestly inadequate – where the primary judge imposed a higher civil pecuniary penalty APPEAL – appeal from a judgment imposing a higher penalty than the agreed pecuniary penalty between the parties – whether the primary judge erred in determining that the agreed pecuniary penalty was not appropriate – whether the imposed higher penalty was manifestly excessive – relevant principles regarding the determination of an appropriate civil pecuniary penalty – whether the primary judge considered all relevant matters in determining the civil pecuniary penalty pursuant to s 224(1) of the Australian Consumer Law – where the parties did not demonstrate appellable error by the primary judge – where appellate intervention was not warranted – appeal dismissed