Australian Competition & Consumer Commission v Cromford Pty Ltd & Ors [1998] FCA 113

FEDERAL COURT OF AUSTRALIA

TRADE PRACTICES - restrictive trade practices - contracts, arrangements or understandings - attempts to make an arrangement or arrive at an understanding in contravention of s 45(2)(a)(ii) of Trade Practices Act 1974 - admission of liability TRADE PRACTICES - enforcement and remedies - penalties - pecuniary penalties - principles of assessment of appropriate penalties Trade Practices Act 1974 (Cth), ss 45(2)(a)(ii) and 76 Trade Practices Legislation Amendment Act 1992 (Cth)

Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 at 52,152, cited Trade Practices Commission v Prestige Motors Pty Ltd (1994) ATPR 41-359 at 42,699, cited Trade Practices Commission v Simsmetal Ltd (1996) ATPR 41-449 at 41,512, cited Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36, cited Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR 41-375 at 40,167, cited Trade Practices Commission v Axive Pty Ltd (1994) ATPR 41-368 at 42,795, cited Mill v R (1988) 166 CLR 59, applied

AUSTRALIAN COMPETITION AND CONSUMER COMMISSIONv CROMFORD PTY LIMITED, COLUMBUS MERCHANTS PTY LTD T/AS AUSTRALIAN FILM AND PIPE MANUFACTURERS, ANROSS BUILDING MATERIALS PTY LIMITED, NEVILLE McDONNELL, KIM JONES, HOWARD WILKIE, MAURICE LEWIS, KENNETH ROSS MURRAY

NG 964 of 1995 LOCKHART J SYDNEY 27 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 964 of 1995

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

Applicant

AND: CROMFORD PTY LIMITED

First Respondent

COLUMBUS MERCHANTS PTY LTD T/AS AUSTRALIAN FILM AND PIPE MANUFACTURERS

Second Respondent

ANROSS BUILDING MATERIALS PTY LIMITED

Third Respondent