Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Ashton Raggatt McDougall Pty Ltd [2023] FCA 351 File number: VID 567 of 2022
Judgment of: MOSHINSKY J
Date of judgment: 13 April 2023
Catchwords: COMPETITION – cartel conduct – where director of a firm of architects sent two emails to eight architectural firms requesting that they not submit a tender for a large development project – where the emails were retracted shortly after the second email was sent – where the firm of architects admitted that, through the conduct of the director, it attempted to contravene s 45AJ of the Competition and Consumer Act 2010 (Cth) – where the director admitted that he attempted to induce persons to contravene s 45AJ – where the parties jointly proposed declarations and penalties – whether proposed penalties within appropriate range – held: proposed declarations made and proposed penalties imposed
Legislation: Competition and Consumer Act 2010 (Cth), ss 4, 4F, 45AB, 45AD, 45AJ, 76 Federal Court of Australia Act 1976 (Cth), s 21 Trade Practices Act 1974 (Cth)
Cases cited: Air New Zealand v Australian Competition and Consumer Commission [2017] HCA 21; 262 CLR 207 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 399 ALR 599 Australian Competition and Consumer Commission v Cascade Coal Pty Ltd [2019] FCAFC 154; 374 ALR 90 Australian Competition and Consumer Commission v CC (New South Wales) Pty Ltd [1999] FCA 954; 92 FCR 375 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159; 258 FCR 312 Australian Competition and Consumer Commission v Cryosite Limited [2019] FCA 116; 135 ACSR 231 Australian Competition and Consumer Commission v First Class Slate Roofing Pty Ltd [2022] FCA 1093 Australian Competition and Consumer Commission v Flight Centre Travel Group Ltd [2016] HCA 49; 261 CLR 203 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Olex Australia Pty Ltd [2017] FCA 222; ATPR ¶42-540 Australian Competition and Consumer Commission v Optus Internet Pty Ltd [2022] FCA 1397 Australian Competition and Consumer Commission v Pacific National Pty Ltd [2020] FCAFC 77; 277 FCR 49 Australian Competition and Consumer Commission v Pauls Ltd [2003] FCA 1586; ATPR ¶41-911 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876; 254 FCR 235 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission [2000] FCA 365; 172 ALR 532 News Ltd v South Sydney District Rugby League Football Club [2003] HCA 45; 215 CLR 563 Norcast S.ar.L v Bradken Limited (No 2) [2013] FCA 235; 219 FCR 14 Re Day [2017] HCA 14; 91 ALJR 262 Re Queensland Co-operative Milling Association Ltd (1976) 8 ALR 481 Trade Practices Commission v CSR Ltd [1990] FCA 521; (1991) ATPR ¶41-076
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