Australian Competition and Consumer Commission v Navman Australia Pty Ltd [2007] FCA 2061

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Navman Australia Pty Ltd [2007] FCA 2061 TRADE PRACTICES – resale price maintenance – pecuniary penalties – multiple serious contraventions admitted – considerations where parties agree on penalties – whether penalties are in permissible range Trade Practices Act 1974 (Cth), ss 48, 75B, 76

Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liq) (2007) 161 FCR 513 referred to Australian Competition and Consumer Commission v High Adventure Pty Limited (2006) ATPR 42-091applied Australian Competition and Consumer Commission v Jurlique International Pty Ltd [2007] FCA 79 applied Australian Competition and Consumer Commission v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 applied Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd (2004) ATPR 41-993 applied NW Frozen Foods Pty Limited v Australian Competition and Consumer Commission (1996) 71 FCR 285 applied Trade Practices Commission v CSR Limited (1991) ATPR 41-076 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v NAVMAN AUSTRALIA PTY LTD (NOW KNOWN AS AUS HOLDCO PTY LTD) (ACN 078 276 758), CHRISTOPHER KYM BAIRD AND DAVID KING NSD 2395 OF 2006

JACOBSON J

21 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2395 OF 2006

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: NAVMAN AUSTRALIA PTY LTD (NOW KNOWN AS AUS HOLDCO PTY LTD) (ACN 078 276 758)

First Respondent

CHRISTOPHER KYM BAIRD

Second Respondent

DAVID KING

Third Respondent

JUDGE: JACOBSON J

DATE OF ORDER: 21 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Orders in accordance with short minutes provided by the parties and kept with the papers. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.