Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 5) [2010] FCA 17 Citation: Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 5) [2010] FCA 17
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v APRIL INTERNATIONAL MARKETING SERVICES AUSTRALIA PTY LTD ACN 106 134 472, APRIL FINE PAPER TRADING PTE LIMITED (SINGAPORE), APRIL MANAGEMENT PTE LTD (SINGAPORE), KELVIN TAN, JAMES LO, DENNIS LIM, GUS CHOO, ASIA PULP & PAPER COMPANY LTD (SINGAPORE), PT INDAH KIAT PULP AND PAPER TBK (INDONESIA), PAUL GEORGE, and SUNIL SOOD
File number: NSD 2394 of 2006
Judge: BENNETT J
Date of judgment: 29 January 2010
Catchwords: TRADE PRACTICES – alleged price fixing arrangements made at overseas meetings – ACCC and certain respondents jointly seek proposed declarations, injunctions and penalties on basis of agreed facts and admissions – whether jointly proposed penalties appropriate – no evidence of profits from contraventions, effect on market or loss caused – whether making of declarations should be deferred until after proceedings against continuing respondents completed – proposed declarations do not mention continuing respondents directly or by necessary implication
Legislation: Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 45, 76, 80
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