Australian Competition and Consumer Commission v Emirates [2012] FCA 1108

FEDERAL COURT OF AUSTRALIA Australian Competition and Consumer Commission v Emirates [2012] FCA 1108 Citation: Australian Competition and Consumer Commission v Emirates [2012] FCA 1108

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v EMIRATES (ARBN 073 569 696)

File number: NSD 876 of 2009

Judge: KATZMANN J

Date of judgment: 11 October 2012

Catchwords: COMPETITION – price-fixing – collusive understandings – respondent admitted to seven contraventions of s 45(2) Trade Practices Act 1974 (Cth) – enforcement and remedies – application for pecuniary penalties and injunctions under ss 76 and 80 – agreed penalties and injunctions – regulator and respondent filed joint submissions, statement of agreed facts and agreed short minutes of order –whether contraventions occurred – whether the proposed penalties should be imposed – whether quantum of proposed penalties in the appropriate range – matters relevant to imposition of penalty – admissions not made until pleadings had closed and most evidence served – parity with penalties imposed in similar cases

Legislation: Trade Practices Act 1974 (Cth) 45, 45(2)(a)(ii), 45(2)(b)(ii), 45A(1), 76, 77(2), 80 Evidence Act 1995 (Cth) s 191

Cases cited: Australian Competition and Consumer Commission v Cargolux Airlines International SA (2009) ATPR ¶42-282 Australian Competition and Consumer Commission v Korean Air Lines Co Ltd [2011] FCA 1360 Australian Competition and Consumer Commission v Malaysia Airline System Berhad (No 2) [2012] FCA 767 Australian Competition and Consumer Commission v McMahon Services Pty Ltd (2004) ATPR ¶42-031 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc. (1999) 161 ALR 79 Australian Competition and Consumer Commission v Qantas Airways Ltd (2008) 253 ALR 89 Minister for Industry Tourism & Resources v Mobil Oil Australia Pty Ltd (2004) ¶41–993 J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 53 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Trade Practices Commission v CSR Ltd (1991) ATPR ¶41-076