Australian Competition and Consumer Commission v FFE Building Services Limited [2003] FCA 1542

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v FFE Building Services Limited [2003] FCA 1542 TRADE PRACTICES – Collusive tendering – Contraventions admitted – Applications for penalties against one corporate respondent and one non-corporate respondent – Joint submissions by Australian Competition and Consumer Commission and relevant respondents as to appropriate range of penalties – Range considered not adequate to reflect seriousness of conduct and the maximum provided by Parliament - Penalties assessed by Court in the sum of $3,500,000 and $50,000 respectively. Trade Practices Act 1974 (Cth) ss 45, 52, 76, 77 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v FFE BUILDING SERVICES LIMITED (formerly Chubb Building Services Ltd) (formerly James Hardie Building Services P/L) t/as Fire Fighting Enterprises, TYCO AUSTRALIA PTY LIMITED (formerly Wormald Australia Pty Ltd) t/as Wormald Fire Systems, PREMIER FIRE PROTECTION (NSW) PTY LTD, METROPOLITAN FIRE SYSTEMS PTY LTD, ALLEN EDWARD SMITH, COLIN SIMPSON, VITO FODERA, JAMES BELL, ALLAN CARR, MITCHELL GRICE and BILL LAWSON N 509 of 2002

WILCOX J SYDNEY 19 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 509 OF 2002

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

APPLICANT

AND: FFE BUILDING SERVICES LIMITED

FIRST RESPONDENT

TYCO AUSTRALIA PTY LIMITED

SECOND RESPONDENT

PREMIER FIRE PROTECTION (NSW) PTY LIMITED

THIRD RESPONDENT

METROPOLITAN FIRE SYSTEMS PTY LIMITED

FOURTH RESPONDENT

ALLEN EDWARD SMITH

FIFTH RESPONDENT

COLIN SIMPSON

SIXTH RESPONDENT

VITO FODERA