Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Australian Abalone Pty Ltd [2007] FCA 1834
TRADE PRACTICES — restrictive trade practices — alleged contraventions of ss 45(2)(a)(i) and (ii) and 45(2)(b)(i) and (ii) of the Trade Practices Act 1974 (Cth) and the Victorian Competition Code — respondents connected with supply of unshucked abalone — price-fixing — exclusionary provision — respondents admitted alleged contraventions
TRADE PRACTICES — pecuniary penalties — agreement reached on penalties to be imposed — factors relevant when fixing penalty — principles governing agreed penalties — parity principle
Trade Practices Act 1974 (Cth) ss 4D, 45, 45(2)(a)(i), 45(2)(a)(ii), 45(2)(b)(i), 45(2)(b)(ii), 45A, 45A(1), 45B, 75B, 76 Victorian Competition Code ss 45(2)(a)(i), 45(2)(a)(ii), 45(2)(b)(i), 45(2)(b)(ii)
Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (No 4) (2006) ATPR 42-101 cited Australian Competition and Consumer Commission v Commercial and General Publications Pty Ltd (No 2) (2002) ATPR 41-905 cited Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (No 3) [2007] FCA 144 cited Australian Competition and Consumer Commission v Ithaca Iceworks Pty Ltd (2002) ATPR 41-851 cited Australian Competition and Consumer Commission v SIP Australia Pty Limited (2003) ATPR 41-937 cited Australian Competition and Consumer Commission v The Vales Wine Company Pty Ltd (1996) ATPR 41-528 cited Australian Competition and Consumer Commission v Visy Industries Holdings Pty Ltd (No 3) [2007] FCA 1617 discussed Lowe v The Queen (1984) 154 CLR 606 discussed Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd (2004) ATPR 41-993 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Postiglione v The Queen (1997) 189 CLR 295 discussed Refrigerated Express Lines (A/asia) Pty Ltd v Australian Meat and Live-Stock Corporation (1980) 29 ALR 333 cited Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission (2003) 127 FCR 170 cited Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 cited Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 cited
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