Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1472

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1472 File number: QUD 478 of 2016

Judge: LOGAN J

Date of judgment: 28 September 2018

Catchwords: COMPETITION – collusive arrangement – exclusive dealing – admitted contraventions of ss 47 and 76 of the Competition and Consumer Act 2010 (Cth) – 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 47, 76, 76(1A) Trade Practices Act 1974 (Cth) Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) ss 21, 43 Judiciary Act 1903 (Cth) s 64 Federal Court Rules 2011 (Cth) r 39.11 Judicature Act 1873 (UK)

Cases cited: Arthur J S Hall & Co v Simons [2002] 1 AC 615 Attorney-General v Bradlaugh (1885) 14 QBD 667 Attorney-General v Freer (1822) 11 Price 183 [147 ER 441] Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 358 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union (2007) ATPR 42-140 Australian Competition and Consumer Commission v Flight Centre Limited (No 3) (2014) 234 FCR 325 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Competition and Consumer Commission v Oakmoore Pty Ltd [2018] FCA 1169 Australian Competition and Consumer Commission v Oakmoore Pty Ltd (No 2) [2018] FCA 1170 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Barbaro v The Queen (2014) 253 CLR 58 Brandy v Human Rights & Equal Opportunity Commission (1995) 183 CLR 245 Brown v Allweather Mechanical Grouting Co Ltd [1953] 2 WLR 402 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann case) [2018] FCAFC 126 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 229 FCR 331 Fardon v Attorney-General (Qld) (2004) 223 CLR 575 Naismith v McGovern (1953) 90 CLR 336 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249