ACCC v Allans Music Group Pty Ltd [2002] FCA 1552

FEDERAL COURT OF AUSTRALIA

ACCC v Allans Music Group Pty Ltd [2002] FCA 1552 TRADE PRACTICES – false and misleading representations – price of goods - guilty plea to nine charges – catalogue advertising discounts on musical instruments and products – previous prices lower than shown in catalogue – factors taken into account in determining penalty – public interest in fair competition – deliberateness of conduct – mitigating factors – no prior convictions – compliance programme – appropriate penalty in total Trade Practices Act 1974 (Cth) ss 53(e), 79(1), 79(2)

Trade Practices Commission v Cue Design Pty Limited (1996) ATPR 41-475 referred to Hartnell v Sharp Corporation of Australia Pty Limited (1975) 5 ALR 493 referred to Sest v Copperart Pty Limited (1989) ATPR 40-945 referred to Trade Practices Commission v CSR Limited (1991) ATPR 41-076 referred to

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v

ALLANS MUSIC GROUP PTY LTD (ACN 082 019 341) S 116 OF 2002 TAMBERLIN J SYDNEY 13 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 116 OF 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

PROSECUTOR

AND: ALLANS MUSIC GROUP PTY LTD

(ACN 082 019 341)

DEFENDANT

JUDGE: TAMBERLIN J

DATE OF ORDER: 13 DECEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. In respect of counts 2, 4, 6, 7, 9, 11, 14, 15 and 17 convictions be recorded against Allans Music Group Pty Ltd. 2. In respect of the aforesaid counts, one fine of $80,000 is imposed on Allans Music Group Pty Ltd. 3. The fine of $80,000 be paid within three calendar months of this date: in default, distress. 4. The defendant pay the costs of the Prosecutor. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.