Australian Competition and Consumer Commission v McMahon Services Pty Ltd (ACN 008 274 020) (No 2) [2004] FCA 1172

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v McMahon Services Pty Ltd (ACN 008 274 020) (No 2) [2004] FCA 1172

TRADE PRACTICES – contravention of Trade Practices Act 1974 (Cth) – penalty – factors to consider in determining penalty – admission of involvement in price fixing arrangement – penalties not agreed by parties – permissible range – discount to be applied for cooperation – capacity of respondents to meet penalties.

Trade Practices Act 1974 (Cth) ss 45, 45A 76

Australian Competition and Consumer Commission v McMahon Services Pty Ltd (ACN 008 274 020) (No 1) [2004] FCA 1171 related AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v McMAHON SERVICES PTY LTD (ACN 008 274 020); PHILLIP JAMES BUBNER; S.A. DEMOLITION AND SALVAGE PTY LTD (ACN 086 777 022); SPIROS PARENTES; DCD ENTERPRISES PTY LTD (ACN 050 165 485); FERNANDO DANIEL D'APOLLONIO AND VLADO TURIC SAD 10 of 2003 LANDER J 9 SEPTEMBER 2004 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 10 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: McMAHON SERVICES PTY LTD (ACN 008 274 020)

FIRST RESPONDENT

PHILLIP JAMES BUBNER

SECOND RESPONDENT

S.A. DEMOLITION AND SALVAGE PTY LTD (ACN 086 777 022)

THIRD RESPONDENT

SPIROS PARENTES

FOURTH RESPONDENT

DCD ENTERPRISES PTY LTD (ACN 050 165 485)

FIFTH RESPONDENT

FERNANDO DANIEL D'APOLLONIO

SIXTH RESPONDENT

VLADO TURIC

SEVENTH RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 9 SEPTEMBER 2004

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The third respondent pay to the Commonwealth of Australia a pecuniary penalty pursuant to s 76 of the Act in the sum of $65,625. 2. The fourth respondent pay to the Commonwealth of Australia a pecuniary penalty pursuant to s 76 of the Act in the sum of $35,000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.