Australian Competition and Consumer Commission v Cambur Industries Pty Ltd [2006] FCA 1027

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Cambur Industries Pty Ltd [2006] FCA 1027 TRADE PRACTICES – application for orders under Trade Practices Act 1974 (Cth) – where respondents admitted engaging in the practice of resale – principles relevant to fixing of pecuniary penalty – price maintenance in contravention of the Act – declarations – whether injunctive relief appropriate – power of Court to accept undertaking. Held: pecuniary penalties fixed – declarations made – injunctive relief not appropriate in circumstances – further submissions required before undertaking as to compliance programme accepted in proffered terms.

Trade Practices Act 1974 (Cth) ss 4, 4F, 48, 75B, 76, 83, 96 Federal Court Act 1976 (Cth) Australian Competition and Consumer Commission v C G Berbatis Holdings Pty Ltd (ACN 008 799 040) (2001) ATPR 41-802 referred to Australian Competition and Consumer Commission v Dermalogica Pty Ltd (2005) 215 ALR 482 referred to Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 referred to Australian Competition and Consumer Commission v Westminster Retail Pty Ltd (2005) ATPR 42-084 referred to Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 referred to Foster v Australian Competition and Consumer Commission (ABN 83 975 695 966) (2006) 149 FCR 135 referred to ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 referred to NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 referred to Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53 referred to Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CAMBUR INDUSTRIES PTY LTD & ANOR SAD 230 OF 2005 BESANKO J 11 AUGUST 2006 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA