N W Frozen Foods Proprietary Ltd v Australian Competition & Consumer Commission [1996] FCA 1134

CATCHWORDS TRADE PRACTICES ACT - penalties under s.76 for contraventions of Part IV - price fixing - effect of agreement between A.C.C.C. and corporation on joint submissions proposing particular orders - desirability of settlement of such cases - penalty cases not criminal prosecutions - matters relevant to penalty - object of ensuring compliance with the Act by deterrence - effect of undertaking by corporation of a compliance programme agreed with the Commission - difficulties in comparing penalties in other cases with that proposed for the instant case - importance of the particular market - significance of identity of corporation to be penalised where it was a member of a group - significance of whether a corporation has previously contravened - inappropriateness of diminishing the credit to be given a corporation for co-operation and admission of liability by reference to any costs saving it may achieve thereby - reference to U.S. law conceding the U.S. Federal Trade Commission "a special competence in formulating remedies" - discussion of the question for the Court where penalty is the subject of an agreed joint submission. Trade Practices Act 1974, ss.76, 78, 79 Trade Practices Commission v Allied Mills Industries Pty Ltd (No 4) (1981) 37 ALR 256 Commerce Commission v New Zealand Milk Corporation Ltd (1994) 2 NZLR 730 Trade Practices Commission v TNT Australia Pty Ltd (1995) 17 ATPR 40,161 Trade Practices Commission v CC (New South Wales) Pty Limited (No 2) and (No 6) (1995) 17 ATPR 40,495 Trade Practices Commission v Hymix Industries Pty Limited (1995) 17 ATPR 40,101

Trade Practices Commission v Simsmetal Limited (1996) ATPR 41,510 Australian Competition and Consumer Commission v Pioneer Concrete (Qld) Pty Limited (1996) ATPR 41,579 Trade Practices Commission v CSR Limited (1991) 13 ATPR 52,135 Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd (1978) 2 ATPR 17,882 Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296 Trade Practices Commission v Prestige Motors Pty Ltd (1994) 16 ATPR 42,693 Pye Industries Sales Pty Ltd v Trade Practices Commission (1979) 2 ATPR 18,311 Trade Practices Commission v Carlton United Breweries Ltd (1990) 24 FCR 532 Trade Practices Commission v Axive Pty Ltd (1994) 16 ATPR 42,782 Australian Competition and Consumer Commission v Hugo Boss Australia Pty Ltd (unreported, Lockhart J, 25 July 1996) Trade Practices Commission v Annand and Thompson Pty Ltd (1987) 9 ATPR 48,390 Commodore Business Machines Pty Limited v Trade Practices Commission (1990) 12 ATPR 51,341 Trade Practices Commission v Malleys Ltd (1979) 2 ATPR 18,290 Lowe v The Queen (1984) 154 CLR 606 Australian Competition and Consumer Commission v Ampol Petroleum (Victoria) Pty Ltd (1996) ATPR 41,754 Federal Trade Commission v Ruberoid Co. (1952) 343 US 470 Federal Trade Commission v Motion Picture Advertising Service Co., Inc. (1953) 344 US 392 N.W. FROZEN FOODS PROPRIETARY LIMITED -V- AUSTRALIAN COMPETITION AND CONSUMER COMMISSION