Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (No 3) [2007] FCA 144

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (No 3) [2007] FCA 144 TRADE PRACTICES – restrictive trade practices – prohibition of arrangements affecting the acquisition of goods or services – where first respondent entered into and gave effect to an arrangement with second respondent that it would not engage the services of electrical subcontractors which did not have certified industrial agreements with the second respondent

TRADE PRACTICES – pecuniary penalty – penalties under s 76 of the Trade Practices Act 1974 (Cth) for contraventions of Part IV – effect of joint submissions from parties proposing particular orders – relevant factors in determining level of penalty – application of parity principle where penalty already imposed on co-offender – object of ensuring compliance with the Act by deterrence – jointly proposed penalty deemed appropriate

Trade Practices Act 1974 (Cth) ss 45E, 45EA, 76(1), 76(1)(a), 76(1A) Work Place Relations Act 1996 (Cth)

Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd [2006] FCA 1777 referred to Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (No. 2) [2007] FCA 11 referred to Australian Competition and Consumer Commission v Ithaca Ice Works Pty Ltd (2002) ATPR 41-851 cited Australian Competition and Consumer Commission v Midland Brick Company Pty Ltd (2004) 207 ALR 329 cited Australian Competition and Consumer Commission v NW Frozen Foods (1996) ATPR 41-515 referred to Lowe v R (1984) 154 CLR 606 referred to Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 followed Postiglione v R (1997) 189 CLR 295 referred to Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 cited Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v IPM OPERATION AND MAINTENANCE LOY YANG PTY LTD (FORMERLY KNOWN AS EDISON MISSION OPERATION AND MAINTENANCE LOY YANG PTY LTD) (ACN 055 563 696) AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA VID 79 OF 2005