Australian Competition & Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710

TRADE PRACTICES – misleading and deceptive conduct – penalty – where first respondent admitted engaging in misleading or deceptive conduct or conduct likely to mislead or deceive – where parties submitted draft consent orders and statement of agreed facts

Held: declarations made, undertakings given by first and second respondents accepted and orders for corrective advertising made.

TRADE PRACTICES – resale price maintenance – penalty – where first respondent admitted engaging in resale price maintenance – where third respondent admitted being directly or indirectly knowing concerned in or party to first respondent's resale price maintenance – factors to be considered by Court in determining appropriate pecuniary penalties – where parties submitted draft consent orders, joint submissions and statement of agreed facts – whether figures for pecuniary penalties proposed by parties appropriate

Held: declarations made, undertaking given by first respondent accepted and orders for pecuniary penalties of $120,000 for first respondent and $14,000 for third respondent made.

Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21, s 50 Trade Practices Act 1974 (Cth) ss 4, 48, 52, 76, 80, 84, 86C, 87B, 96

Australian Competition and Consumer Commission v Auspine Ltd (2006) 235 ALR 95 cited Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 cited Australian Competition and Consumer Commission v Hobie Cat Australasia Pty Ltd [2008] ATPR 42-225 cited Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] ATPR 42-031 cited Australian Competition & Consumer Commission v NW Frozen Foods [1996] ATPR 41-515 referred to Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 cited 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 discussed 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 discussed