Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v NSK Australia Pty Ltd [2014] FCA 453 Citation: Australian Competition and Consumer Commission v NSK Australia Pty Ltd [2014] FCA 453
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v NSK AUSTRALIA PTY LTD ACN 004 799 455
File number: NSD 2524 of 2013
Judge: EDMONDS J
Date of judgment: 13 May 2014
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 ss 44ZZRJ and 44ZZRK 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 44ZZRJ, 44ZZRK, 45, 45A, 76, 80 Evidence Act 1995 (Cth) s 191
Cases cited: Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) (2002) 190 ALR 169 cited Australian Competition and Consumer Commission v Koyo Australia Pty Ltd [2013] FCA 1051 compared NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission (2003) 127 FCR 170 cited
Date of hearing: 27 February 2014
Place: Sydney
Division: GENERAL DIVISION
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