Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2001] FCA 1716

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2001] FCA 1716

TRADE PRACTICES – price fixing agreement – primary judge approved some agreed penalties, including penalty imposed on a corporation where the controller of the corporation had disclosed circumstances of agreement and co-operated with the Commission– whether agreed penalty relevant in considering parity of penalty - whether penalty imposed upon respondents manifestly inadequate – whether trial judge correctly applied parity principle in imposing pecuniary penalty

J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 applied NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 referred to Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd (1978) 2 ATPR 40-091 referred to

AUSTRALIAN COMPETITION AND CONSUMER COMMISSIONvITHACA ICE

WORKS PTY LIMITED AND ANTHONY JOHN MEE Q 117 OF 2001 WILCOX, HILL & CARR JJ 7 DECEMBER 2001 SYDNEY (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 117 OF 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPELLANT

AND: ITHACA ICE WORKS PTY LIMITED (ACN 009 660 306)

FIRST RESPONDENT

ANTHONY JOHN MEE

SECOND RESPONDENT

JUDGE: WILCOX, HILL & CARR JJ

DATE OF ORDER: 15 NOVEMBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 117 OF 2001