Australian Competition and Consumer Commission v Mazda Australia Pty Ltd (No 3) [2024] FCA 83

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Mazda Australia Pty Ltd (No 3) [2024] FCA 83 File number(s): VID 1169 of 2019

Judgment of: O'CALLAGHAN J

Date of judgment: 14 February 2024

Catchwords: CONSUMER LAW – imposition of civil penalties following findings and declarations of breach of s 29(1)(m) of Australian Consumer Law by respondent in Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493; (2021) 158 ACSR 31 and Australian Competition and Consumer Commission v Mazda Australia Pty Ltd (No 2) [2022] FCA 250 – total penalty imposed of $11.5 million – additional ancillary relief also granted

Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 ss 18(1), 29(1)(m), 224, 224(1)(a)(ii), 224(2), 224(3A), 232(1)(a), 239, 246(1), 246(2)(c), 247, 295, Part 3-1, Part 3-2, Part 5-2, Part 5-4

Cases cited: Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2023] FCAFC 45 Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 2) [2002] FCA 559; (2002) 190 ALR 169 Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd [2017] FCA 602; [2017] ATPR 42-543 Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (No 2) [2016] FCA 62 Australian Competition and Consumer Commission v Dell Australia Pty Ltd (No 2) [2023] FCA 983 Australian Competition and Consumer Commission v Dodo Services Pty Ltd [2021] FCA 589 Australian Competition and Consumer Commission v Ford Motor Company of Australia Ltd [2018] FCA 703; (2018) 360 ALR 124 Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724 Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493; (2021) 158 ACSR 31 Australian Competition and Consumer Commission v Mazda Australia Pty Ltd (No 2) [2022] FCA 250 Australian Competition and Consumer Commission v Oakmoore Pty Ltd (No 2) [2018] FCA 1170 Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 44; [2016] ATPR 42-521 Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 Australian Securities and Investments Commission v Wooldridge [2019] FCAFC 172 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68 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] FCAFC 20; (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) 13 ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission (2021) 284 FCR 24