Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Fila Sport Oceania Pty Ltd (Administrators Appointed) [2004] FCA 376 TRADE PRACTICES – penalty – wholesale supply of AFL apparel – misuse of market power and exclusive dealing – relevant factors to consider in determining appropriate penalty under s76 of Trade Practices Act (1974) Cth – company defied warnings that conduct may contravene the Act – conduct continued over substantial period of time – whether fact that company part of multinational group relevant consideration – deterrence Trade Practices Act 1974 (Cth) ss 40, 46, 47, 76
Mathers v Commonwealth of Australia [2004] FCA 217 Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission [2003] 196 ALR 611 at [8], [49] Australian Competition and Consumer Commission v The Vales Wine Company Pty Ltd (1996) ATPR 41-528 at 42,776 Australian Competition and Consumer Commission v SIP Australia Pty Ltd (2003) ATPR 41-937 at [59] Australian Competition and Consumer Commission v GIO Pty Ltd [2002] FCA 1298 Universal Music v ACCC (2003) 201 ALR 636 at [309] AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V FILA SPORT OCEANIA PTY LTD AND DAVID ROBERT CARNEY AND CRAIG JAMES REIDY N 926 OF 2002 HEEREY J 2 APRIL 2004 SYDNEY (HEARD IN MELBOURNE)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY N926 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: FILA SPORT OCEANIA PTY LTD ACN 078 405 202
FIRST RESPONDENT
DAVID ROBERT CARNEY
SECOND RESPONDENT
CRAIG JAMES REIDY
THIRD RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 2 APRIL 2004
WHERE MADE: SYDNEY (HEARD IN MELBOURNE)
THE COURT ORDERS THAT:
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