Trade Practices Commission v Tubemakers of Australia Ltd & Ors [1983] FCA 209

Trade Practices - restrictive trade practices - attempt to control and to induce others to control discounts on steel products - pecuniary penalties - whether single penalty appropriate where contraventions inextricably linked to one arrangement or

understanding - factors relevant to determination of penalty -

apportionment of penalty - injunction

Trade Practices Act 1974 ss.45(2)(a), 76(1), 76(3), 77, 80

TRADE PRACTICES COMMISSION v. TUBEMAKERS OF AUSTRALIA LIMITED, STEEL SUPPLIES (AUST) PTY. LIMITED, BARRY NEIL BINT

NO. WAG 39 of 1982

Toohey J.

Perth

26 August 1983

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUS'TRALIA ) No. WAG 39 of 1982 DISTRICT REGISTRY ) GENERAL DIVISION )

BETWEEN:

TRADE PRACTICES COMMISSION Applicant

and

TUBEMAKERS OF AUSTRALIA LIMITED First Respondent

and

STEEL SUPPLIES (AUST) PTY. LIMITED

Second Respondent

and

BARRY NEIL BINT Third Respondent

ORDER JUDGE MAKING ORDER : Toohey J.

DATE _OF ORDER : '26 August 1983 WHERE MADE : Perth

THE COURT ORDERS THAT: lL. The respondent Tubemakers of Australia Limited pay to the Commonwealth of Australia a pecuniary

penalty of $15,000 in respect of the matters alleged against it in paragraphs 6, 7, 9, 13, 15

and 16 of the statement of claim.

2. Pursuant to section 77 of the Trade Practices Act

1974, judgment be entered for the applicant the

2. Trade Practices Commission on behalf of the Commonwealth of Australia against the respondent

Tubemakers of Australia Limited for the sum of

$15,000.

The respondent Steel Supplies (Aust) Pty. Limited pay to the Commonwealth of Australia a pecuniary penalty of $10,000 in respect of the matters alleged against it in paragraphs 8, 14 and 17 of