Trade Practices Commission v Autoglass Pty Ltd & Ors [1988] FCA 375

JUDGMENT No. 215) Bika

CATCHWORDS

TRADE PRACTICES ~— anti-competitive arrangement - replacement windscreens - adoption of common wholesale discounts to distributors and to the trade - arrangements for review and control of scheme - application for injunctions and penalties

- factors affecting determination of penalties.

Trade Practices Act 1974 ss.45(2)(a)(ii),45A(1),76 and 80

TRADE PRACTICES COMMISSION v AUSTRALIAN AUTOGLASS PTY LIMITED, O'BRIEN GLASS INDUSTRIES LIMITED, WINDSCREENS

O'BRIEN (WHOLESALE) PTY LIMITED, HAMILFAIR PTY LIMITED, NIELSEN & MOLLER PTY LIMITED AND OTHERS

No. VG 380 of 1986

Woodward J 19 July 1988 ot, Melbourne ,

IN THE FEDERAL COURT OF AUSTRALIA) )

) No. VG 380 of 1986 ) )

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

TRADE PRACTICES COMMISSION

Applicant

and

AUSTRALIAN AUTOGLASS PTY LIMITED

First Respondent

O'BRIEN GLASS INDUSTRIES LIMITED

Second Respondent

WINDSCREENS O'BRIEN (WHOLESALE) PTY LIMITED Third Respondent

HAMILFAIR PTY LIMITED

Fourth Respondent

NIELSEN & MOLLER PTY LIMITED Fifth Respondent

' AND OTHERS

.

MINUTES OF ORDER

COURT: Woodward J.

DATE: 19 July 1988

PLACE: Melbourne

THE COURT ORDERS THAT:

The first respondent pay to the Commonwealth the

pecuniary penalty of $65,000.

The second respondent pay to the Commonwealth the

pecuniary penalty of $65,000.

The fourth respondent pay to the Commonwealth the

pecuniary penalty of $40,000.

The fifth respondent pay to the Commonwealth the pecuniary penalty of $25,000.

The first respondent, for a period of 3 years from the date hereof, whether by its directors, officers, servants or agents or otherwise howsoever, be restrained from making or giving effect to any contract, arrangement or understanding that has the purpose, or has or is likely to have the effect, of fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of, the prices for, or discounts applicable to, any type of replacement motor vehicle windscreen supplied or to be supplied by Australian Autoglass Pty Ltd and by any one or more of O'Brien Glass Industries Ltd, Windscreens