Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1169

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1169 File number: QUD 478 of 2016

Judge: GLEESON J

Date of judgment: 13 August 2018

Catchwords: COMPETITION – collusive arrangement – exclusive dealing – third respondent admitted to contraventions of ss 45 and 47 of the Competition and Consumer Act 2010 (Cth) – seventh respondent admitted to being directly and knowingly concerned in third respondent's contraventions within meaning of s 76(1)(e) of the Act – enforcement and remedies – application for agreed declarations, pecuniary penalties and non-punitive orders – whether proposed declarations, penalties and orders appropriate – consideration of principles – proposed declarations and orders made and penalties imposed

Legislation: Competition and Consumer Act 2010 (Cth) ss 45, 47, 76, 77, 86C Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 45, 47, 76, 77, 86C

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd [2017] FCA 602 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159; (2017) ATPR 42-557 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2006] FCA 1730; (2007) ATPR 42-140 Australian Competition and Consumer Commission v Econovite Pty Ltd [2003] FCA 964 Australian Competition and Consumer Commission v Qantas Airways Limited [2008] FCA 1976; (2008) 253 ALR 89 Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd [2012] FCA 1395 Comcare v Transpacific Industries Pty Ltd [2015] FCA 500; (2015) 146 ALD 637 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 269 ALR 1 Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118 Forster v Jododex Australia Pty Ltd [1972] HCA 61; (1972) 127 CLR 421 J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission [2000] FCA 365; (2000) 172 ALR 532 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70; (2008) 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 R v Holder and Johnson [1983] 3 NSWLR 245 Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249 The Queen v Pham [2015] HCA 39; (2015) 256 CLR 550 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) ATPR 41-076