Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v OmniBlend Australia Pty Ltd [2015] FCA 871 Citation: Australian Competition and Consumer Commission v OmniBlend Australia Pty Ltd [2015] FCA 871
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v OMNIBLEND AUSTRALIA PTY LTD (ACN 161 812 611) and NEAL BOWHAY
File number: VID 467 of 2014
Judge: BEACH J
Date of judgment: 17 August 2015
Catchwords: COMPETITION – resale price maintenance – ss 48 and 96 of Competition and Consumer Act 2010 (Cth) – assessment of penalties – accessorial liability
Legislation: Competition and Consumer Act 2010 (Cth) ss 5(2), 44ZZRJ, 48, 76, 80(1)(c), 84(2)(a) and 96 Evidence Act 1995 (Cth) s 191
Cases cited: Australian Competition and Consumer Commission v High Adventure Pty Ltd [2005] FCA 762 Australian Competition and Consumer Commission v High Adventure Pty Ltd (2006) ATPR 42-091 Australian Competition and Consumer Commission v Oobi Baby Pty Ltd [2008] FCA 1488 Australian Competition and Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Energy Regulator v Snowy Hydro Ltd (No 2) [2015] FCA 58 Barbaro v The Queen (2014) 253 CLR 58 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 320 ALR 631 Markarian v The Queen (2005) 228 CLR 357 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Wong v The Queen (2001) 207 CLR 584
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