Australian Competition and Consumer Commission v Actrol Parts Pty Ltd [2015] FCA 312

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Actrol Parts Pty Ltd [2015] FCA 312 Citation: Australian Competition and Consumer Commission v Actrol Parts Pty Ltd [2015] FCA 312

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ACTROL PARTS PTY LTD ACN 142 654 564

File number: SAD 90 of 2014

Judge: BESANKO J

Date of judgment: 2 April 2015

Catchwords: CONSUMER LAW – misleading and deceptive conduct – where the respondent admitted to making false, misleading or deceptive representations regarding the reasons for increasing the prices of products supplied by the respondent – where the representations were express and implied – where the parties submitted a statement of agreed facts, draft consent orders and joint submissions on relief – whether the relief proposed by the parties of a declaration, injunction, pecuniary penalty, publication order, verification affidavit and an order for a compliance program should be granted – the matters to be considered in determining whether the pecuniary penalty proposed by the parties is appropriate – Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 29. Held: Orders made for a declaration, injunction, publication order, verification affidavit and implementation of a compliance program. Pecuniary penalty of $520,000 imposed.

Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) ss 18, 29, 224, 232, 246 Competition and Consumer Act 2010 (Cth) s 4 Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21 Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 (Cth) Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) Trade Practices Act 1974 (Cth) s 76E