Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] FCA 1425

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] FCA 1425 TRADE PRACTICES ACT – Price fixing – collusive tendering – pecuniary penalties – agreed facts on penalty – general deterrence

Trade Practices Act 1974 (Cth) Evidence Act 1995 (Cth) Brunt Economic Essays on Australian and New Zealand Competition Law (2003)

Australian Competition and Consumer Commission v McMahon Services Pty Ltd (No 1) [2004] FCA 1171 Australian Competition and Consumer Commission v McMahon Services Pty Ltd (No 2) [2004] FCA 1172 Weininger v The Queen (2003) 212 CLR 629 Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 United States v Trenton Potteries Co 273 US 392 (1927) United States v Socony-Vacuum Oil Co 310 US 150 (1940) Visy Paper Pty Ltd & Ors v Australian Competition and Consumer Commission (2003) 201 ALR 414 Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) & Ors (2002) 190 ALR 169 Australian Competition and Consumer Commission v The Vales Wine Company Pty Ltd (1996) ATPR 41-528 Australian Competition and Consumer Commission v SIP Australia Pty Ltd (2003) ATPR 41-937 Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 141 ALR 640 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION V MCMAHON SERVICES PTY LTD & ORS SAD 10 OF 2003 SELWAY J 4 NOVEMBER 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