Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Techtronic Industries Australia Pty Ltd [2023] FCA 1574 File number: NSD 1220 of 2021
Judgment of: COLVIN J
Date of judgment: 30 November 2023
Date of publication of reasons: 12 December 2023
Catchwords: COMPETITION - application for relief for respondent's breach of s 48 of the Competition and Consumer Act 2010 (Cth) - resale price maintenance - where respondent wholesale supplier contravened s 48 on 128 occasions - where following mediation parties filed a joint statement of agreed facts and joint submissions - where joint submissions substantially accepted - where respondent did not allow retailers to supply products below 'cost price' where such a price was above the acquisition price - where respondent continued to engage in conduct following commencement of proceedings - where admission of liability substantially delayed from commencement of proceedings - where conduct not deliberate attempt to flout law - where legal advice had been sought - consideration of loss leader selling - declaratory relief, pecuniary penalties, injunctive relief, compliance probation order and corrective orders made as sought made - pecuniary penalty of $15,000,000 imposed - respondent ordered to contribute $400,000 to applicant's legal fees
Legislation: Competition and Consumer Act 2010 (Cth) ss 48, 96, 98
Cases cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 274 CLR 450 Australian Competition and Consumer Commission v High Adventure Pty Limited [2005] FCAFC 247 Australian Energy Regulator v EnergyAustralia Pty Ltd [2022] FCA 644 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Kadkhudayan v WD & HO Wills (Aust) Ltd [2002] FCAFC 110 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Trade Practices Commission v Orlane Australia Pty Ltd (1984) 1 FCR 157
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