ACCC v Rural Press Ltd [2001] FCA 1065

FEDERAL COURT OF AUSTRALIA

ACCC v Rural Press Ltd [2001] FCA 1065 TRADE PRACTICES - application for injunction under s 80 of the Trade Practices Act 1974 (Cth) - whether Court should make an order that the two corporate respondents undertake a Trade Practices Corporate Compliance Program based on Australian Standard AS 3806-1998 for five years - neither corporate respondent agreed to the imposition of such an order - consideration of the position of each corporate respondent and whether they are likely to repeat the contravening conduct - one corporate respondent engaged independent solicitors to design and implement a compliance program following the contravention. TRADE PRACTICES - imposition of pecuniary penalty under s 76 of the Trade Practices Act 1974 (Cth) against corporate respondents - considerations relevant to the imposition of penalty - consideration of the respective roles of the corporate respondents in the conduct, their position in the relevant market and features unique to each respondent. TRADE PRACTICES - imposition of pecuniary penalty under s 76 of the Trade Practices Act 1974 (Cth) against "personal" respondents - consideration of their involvement in the contraventions - involvement at level of senior management. Trade Practices Act 1974 (Cth) Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (2001) ATPR 41-815 referred to Trade Practices Commission v Prestige Motors Pty Ltd (1994) ATPR 41-359 applied Australian Competition and Consumer Commission v CC (NSW) Pty Ltd (No 9) (2000) ATPR 41-756 applied Trade Practices Commission v CSR Limited (1991) ATPR 41-076 applied Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR 41-375 applied J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 applied Australian Competition and Consumer Commission v Safeway Stores Pty Ltd (1997) ATPR 41-562 referred to ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 referred to NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 141 ALR 640 referred to Trade Practices Commission v Milreis Pty Ltd (No 2) (1978) 32 FLR 234 referred to Australian Competition and Consumer Commission v Z-Tek Computers Pty Ltd (1997) 148 ALR 339 applied Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) ATPR 41-673 applied Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) ATPR 41-719 applied Australian Competition and Consumer Commission v Telstra Corporation Ltd (1997) ATPR 41-540 referred to Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 referred to Trade Practices Commission v Allied Mills Pty Ltd (1981) ATPR 40-241 applied Australian Competition and Consumer Commission v George Weston Foods Ltd (2000) ATPR 41-763 referred to Australian Competition and Consumer Commission v Cromford Pty Ltd (1998) ATPR 41-618 referred to Australian Competition and Consumer Commission v Mayo (1998) ATPR 41-655 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v RURAL PRESS LIMITED, BRIDGE PRINTING OFFICE PTY LIMITED, IAN LAW, TREVOR McAULIFFE, WAIKERIE PRINTING HOUSE PTY LIMITED, PAUL TAYLOR, DARNLEY TAYLOR S 56 OF 1999 MANSFIELD J ADELAIDE 7 AUGUST 2001