Australian Competition and Consumer Commission v SIP Australia Pty Limited [2003] FCA 336

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v SIP Australia Pty Limited [2003] FCA 336 TRADE PRACTICES – penalties –company and individual director engaged in price fixing and market sharing conduct in contravention of ss 45(2)(a)(i) and (ii) and ss 45(2)(b)(i) and (ii) of the Trade Practices Act 1974 (Cth) – relevant factors to consider in assessing penalties under s 76 of the Trade Practices Act 1974 (Cth) Trade Practices Act 1974 (Cth); s 45(2)(a) and s 45(2)(b)

Australian Competition and Consumer Commission v SIP Australia Pty Ltd (2002) ATPR 41‑877, referred to Australian Competition and Consumer Commission v SIP Australia Pty Ltd (1999) ATPR 41‑702, referred to Trade Practices Commission v CSR Limited (1991) ATPR 41‑076, applied Australian Competition and Consumer Commission v NW Frozen Foods Pty Ltd v (1996) ATPR 41‑515, applied Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission [2003] FCAFC 2, applied Australian Competition and Consumer Commission v Ithaca Ice Works Pty Ltd (2002) ATPR 41‑851, considered Australian Competition and Consumer Commission v The Vales Wine Company Pty Ltd (1996) ATPR 41‑528, applied NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285, considered Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36, applied McDonald v R (1994) 48 FCR 555, applied AUSTRALIANCOMPETITIONANDCONSUMERCOMMISSIONvSIPAUSTRALIAPTY LIMITED & ORS V 189 of 1999 GOLDBERG J 16 APRIL 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 189 of 1999

BETWEEN: AUSTRALIANCOMPETITIONANDCONSUMERCOMMISSION

Applicant

AND: SIP AUSTRALIA PTY LIMITED

(ACN 003 458 884)