Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 6) [2010] FCA 704

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 6) [2010] FCA 704

Citation: Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd (No 6) [2010] FCA 704

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: 6 July 2010

Catchwords: TRADE PRACTICES – alleged price fixing agreements by paper suppliers made at overseas AAA Club meetings – application to set aside service on overseas respondents – prima facie case for relief sought – relief sought for overarching agreement to convene AAA meetings and for particular agreements made at specific meetings – whether conduct of persons alleged to have attended AAA meetings can be attributed to the overseas respondents – overseas respondents are part of a large corporate group – whether inferences about a particular meeting can be drawn from evidence from another meeting or evidence of the usual system at meetings – alleged implementation of agreements in Australia by Australian subsidiary –whether conduct of Australian subsidiary and its officer can be attributed to the overseas respondents – carrying on business in Australia