Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Thai Airways International Public Company Limited [2012] FCA 1434 Citation: Australian Competition & Consumer Commission v Thai Airways International Public Company Limited [2012] FCA 1434
Parties: AUSTRALIAN COMPETITION & CONSUMER COMMISSION v THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED (ARBN 001 084 895)
File number: NSD 1213 of 2009
Judge: KATZMANN J
Date of judgment: 14 December 2012
Catchwords: COMPETITION – price-fixing – collusive understandings – respondent admitted to 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 – whether contraventions occurred – whether the proposed penalties appropriate – matters relevant to imposition of penalty – admissions not made until first day of hearing – parity with penalties imposed in similar cases
Legislation: Trade Practices Act 1974 (Cth) ss 45(2), 45A, 76, 77
Cases cited: Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (2001) ATPR ¶41-815; [2001] FCA 383 Australian Competition and Consumer Commission v Emirates [2012] FCA 1108 Australian Competition and Consumer Commission v Korean Air Lines Co Ltd [2011] FCA 1360 Australian Competition and Consumer Commission v Malaysian Airline System Berhad (No 2) (2012) ATPR ¶42-409; [2012] FCA 767 Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd [2012] FCA 1395 J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 Minister for the Environment, Heritage and the Arts v PGP Developments Pty Ltd(2010) 183 FCR 10 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Trade Practices Commission v CSR Limited (1991) ATPR ¶41-076 Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR ¶41-375
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