Australian Competition and Consumer Commission v PRK Corporation Pty Ltd [2009] FCA 715

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v PRK Corporation Pty Ltd [2009] FCA 715

TRADE PRACTICES – claims of contravention of s 45(2) of the Trade Practices Act 1974 (Cth) – determination of pecuniary penalty under s 76 – parties jointly proposing to Court amount of penalty – need for general and specific deterrence – public interest factors which underlie the non-litigious resolution of enforcement proceedings – Court will have regard to the views of the regulators – whether proposed penalty falls within "permissible range" – pecuniary penalty ordered in terms agreed. Trade Practices Act 1974 (Cth), ss 45, 76, 88 Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (2001) ATPR ¶41-815 referred to Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301 referred to Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd (2004) 207 ALR 329 referred to Australian Competition and Consumer Commission v Qantas Airways Ltd (2008) 253 ALR 89 referred to Australian Competition and Consumer Commission v Visy Industry Holdings Pty Limited (No 3) (2007) ATPR ¶42-185 referred to Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd (2004) ATPR ¶41-993 applied NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 applied Trade Practices Commission v CSR Limited (1991) ATPR ¶41-076 referred to Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296 referred to Trade Practices Commission v TNT Australia Pty Limited (1994)] ATPR ¶41-375 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PRK CORPORATION PTY LTD (FORMERLY KNOWN AS PRK CORPORATION LIMITED AND ALSO FORMERLY KNOWN AS TOLL (PRK) LIMITED AND AS PATRICK CORPORATION LIMITED AND AS LANG CORPORATION LIMITED) ACN 008 660 124, PATRICK STEVEDORES HOLDINGS PTY LIMITED ACN 060 462 919, PATRICK STEVEDORES OPERATIONS PTY LIMITED ACN 065 375 840, PATRICK STEVEDORES OPERATIONS NO 2 PTY LIMITED ACN 056 292 687, PLZEN PTY LIMITED ACN 065 905 571, DP WORLD HOLDINGS (AUSTRALIA) LIMITED (FORMERLY KNOWN AS P&O AUSTRALIA LTD) ACN 000 282 977, DP WORLD AUSTRALIA LIMITED (FORMERLY KNOWN AS P&O PORTS LIMITED) ACN 000 049 301, P&O WHARF MANAGEMENT PTY LIMITED ACN 100 737 264, AUSTRALIAN AMALGAMATED TERMINALS PTY LIMITED ACN 098 458 229, CHRISTOPHER CORRIGAN, DONALD SMITHWICK, ANDREW BURGESS and TIMOTHY BLOOD