Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Koyo Australia Pty Ltd [2013] FCA 1051 Citation: Australian Competition and Consumer Commission v Koyo Australia Pty Ltd [2013] FCA 1051
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v KOYO AUSTRALIA PTY LTD ACN 000 471 867
File number: NSD 1350 of 2013
Judge: EDMONDS J
Date of judgment: 18 October 2013
Catchwords: TRADE PRACTICES – contravention of ss 45(2)(a)(ii) and 45(2)(b)(ii) of Trade Practices Act 1974 (Cth), now Competition and Consumer Act 2010 (Cth), and s 45ZZRK of that Act – arrangements or understandings by respondent with certain competitors to increase prices of products – statement of agreed facts and admissions as to contraventions – parties agreed on orders – whether penalty proposed is within "permissible range" – pecuniary penalty imposed is appropriate
Legislation: Competition and Consumer Act 2010 (Cth) ss 45, 45A, 51, 76, 88, 44ZZRF, 44ZZRG, 44ZZRK Evidence Act 1995 (Cth) s 191 Trade Practices Act 1974 (Cth) s 45
Cases cited: ACCC v Australian Safeway Stores Pty Limited (No 4) (2006) ATPR 42-101 cited Australian Competition and Consumer Commission v FFE Building Services Ltd [2003] FCA 1542 cited Australian Competition and Consumer Commission v Leahy Petroleum (No 2) (2005) 215 ALR 281 cited ACCC v McMahon Services Pty Ltd (2004) ATPR 42-031 cited Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd (2004) 207 ALR 329 cited ACCC v NW Frozen Foods Pty Ltd (1996) ATPR 41-515 cited ACCC v SIP Australia Pty Ltd (1999) ATPR 1141-702 cited Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 5) [2013] FCA 294 cited Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd [2013] FCA 653 cited J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 cited Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd (2004) ATPR 41-993 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited TPC v CSR Ltd (1991) ATPR 41-076 cited Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296 cited TPC v Stihl Chain Saws (Aust) Pty Ltd (1978) ATPR 1140-091 cited TPC v TNT Australia Pty Ltd (1995) ATPR 41-375 cited
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