Australian Competion & Consumer Commission v Sundaze Australia Pty Ltd [1999] FCA 1642

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Sundaze Australia Pty Ltd [1999] FCA 1642 TRADE PRACTICES – imposition by Court of pecuniary penalty for breach of s 48 Trade Practices Act 1974 (resale price maintenance) - where respondent admits breaches of relevant provisions of Trade Practices Act 1974 - where applicant and respondent are agreed as to a suggested penalty - considerations relevant to assessment by Court of suitable penalty for contraventions of s 48 Trade Practices Act 1974

Trade Practices Act 1974 s 48, s 76, s 93 Trade Practices Commission v Annand and Thompson Pty Ltd (1987) ATPR ¶40-772 referred to

Trade Practices Commission v CSR Ltd (1991) ATPR ¶41-076 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SUNDAZE AUSTRALIA PTY LTD QG 74 OF 1997 SPENDER J 17 NOVEMBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 74 OF 1997

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: SUNDAZE AUSTRALIA PTY LTD

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 17 NOVEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. In respect of the contravention of s 48 Trade Practices Act 1974 constituted by the withholding by Sundaze Australia Pty Ltd of supply of Oakley sunglasses to Sunglass World Pty Ltd, a penalty of $120,000 is imposed.

2. In respect of the contravention of s 48 Trade Practices Act 1074 constituted by the attempts made by the respondent to induce the proprietor of the "Bright Eyes" franchise retail outlet at Noarlunga in the State of South Australia, not to sell Oakley sunglasses at a price less than the recommended retail price specified by Sundaze Australia Pty Ltd, a penalty of $65,000 is imposed.

3. In respect of the nine other contraventions of s 48 Trade Practices Act 1974, alleged in the amended statement of claim filed 9 July 1998, a penalty of $35,000 is imposed in respect of each contravention.