Australian Competition and Consumer Commission v Jurlique International Pty Ltd [2007] FCA 79

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Jurlique International Pty Ltd [2007] FCA 79

TRADE PRACTICES – admitted contraventions of ss 45 and 48 of the Trade Practices Act 1974 (Cth) – franchisor conduct - resale price maintenance – price fixing - quantification of loss and damage resulting from resale price maintenance in premium skin care products – franchise agreements included clause that franchisee would not sell products at prices below recommended retail prices specified by franchisor and distributor

PRACTICE AND PROCEDURE – pecuniary penalty – claiming penalties for contraventions of Pt IV of the Trade Practices Act 1974 (Cth) – quantum – calculation of appropriate penalty for resale price maintenance and price fixing – public policy considerations - general deterrence – deliberate contraventions

Trade Practices Act 1974 (Cth) ss 4, 4F, 45, 48, 60, 75B, 76, 83 and 96

Trade Practices Commission v CSR Ltd (1991) ATPR 41-076, considered NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285, considered J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532, considered Trade Practices Commission v TNT Australia Pty Ltd & Ors (1995) ATPR 41-375, cited Australian Competition and Consumer Commission v Dermologica Pty Ltd (2005) 215 ALR 482, considered Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd (1978) ATPR 40-091, cited Trade Practices Commission v Sony (Aust) Pty Ltd & Ors (1990) ATPR 41-053, cited Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (2001) ATPR 41-815, cited Australian Competition and Consumer Commission v McMahon Services Pty Ltd (2004) ATPR 42-031, cited Australian Competition & Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301, cited