Australian Competition and Consumer Commission v B & K Holdings (Qld) Pty Ltd [2021] FCA 260

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v B & K Holdings (Qld) Pty Ltd [2021] FCA 260 File number: QUD 316 of 2020

Judgment of: DERRINGTON J

Date of judgment: 24 March 2021

Catchwords: COMPETITION LAW – resale price maintenance – admitted contraventions – agreed penalties and other relief – pecuniary penalty – declaratory relief – injunctive relief – adverse publicity order – compliance program – whether orders sought by agreement appropriate in the circumstances – agreed orders appropriate COMPETITION LAW – adverse publicity order pursuant to section 86D of Competition and Consumer Act 2010 (Cth) – whether adverse publicity order must include publication of advertisement – unnecessary to resolve issue

Legislation: Competition and Consumer Act 2010 (Cth), ss 48, 76, 80, 86C, 86D, 96 Federal Court of Australia Act 1976 (Cth)

Cases cited: ACCC v MSY Technology Pty Ltd (2012) 201 FCR 378 ASIC v Axis International Management Pty Ltd (2009) 178 FCR 485 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Dermalogica Pty Ltd (2005) 215 ALR 482 Australian Competition and Consumer Commission v Eternal Beauty Products Pty Ltd [2012] FCA 1124 Australian Competition and Consumer Commission v Netti Atom Pty Ltd [2007] FCA 1945 Australian Competition and Consumer Commission v Optus Mobile Pty Ltd [2019] FCA 106 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v Sontax Australia (1988) Pty Ltd [2011] FCA 1202 Australian Competition and Consumer Commission v TEAC Pty Ltd [2007] FCA 1859 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v Yazaki Corporation (2018) 262 FCR 243 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 McDonald v Australian Building and Construction Commissioner (2011) 2020 IR 467 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 The Heating Centre Pty Ltd v Trade Practices Commission (1986) 9 FCR 153 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Valve Corporation v Australian Competition and Consumer Commission [2017] FCAFC 224