Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2010] FCA 929

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2010] FCA 929 Citation: Australian Competition and Consumer Commission v Baxter [2010] FCA 929

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BAXTER HEALTHCARE PTY LTD, STATE OF WESTERN AUSTRALIA, STATE OF SOUTH AUSTRALIA and STATE OF NEW SOUTH WALES

File number: NSD 1153/2002

Judge: MANSFIELD J

Date of judgment: 26 August 2010

Catchwords: TRADE PRACTICES – penalty – corporation contravened ss 46(1)(c) and 47(1) of the Trade Practices Act 1974 – whether pecuniary penalties should be imposed – conduct involved dealing with State purchasing authorities and improper bundling of products – level of pecuniary penalties – whether injunctive orders should be made

Legislation: Trade Practices Act 1974 (Cth) ss 46(1)(c), s 47(1)

Cases cited: Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd (2007) 232 CLR 1Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd (2008) 170 FCR 16 Trade Practices Commission v CSR Limited (1991) ATPR 41-076 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Competition and Consumer Commission v NSW Frozen Foods Pty Ltd (1996) ATPR 41-515 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301 Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR 41-375 Johnson v The Queen (2004) 205 ALR 346 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 75 FCR 238