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Penalties/remedies | Cases

 

Australian cases

See generally the main cases page (most cases involve some discussion of penalty). The sample cases below are not intended to constitute an exhaustive list.

 

On pecuniary penalties - general principles and applicaton

TPC v CSR [1990] FCA 762; (1991) ATPR 41-076
Seminal case on penalties - general principles

ACCC v Australian Abalone Pty Ltd [2007] FCA 1834
Admitted price fixing and boycott conduct - discussion of agreed penalties and mention of proposed criminal penalties

ACCC v Ticketek Pty Ltd [2011] FCA 1489 (22 December 2011)
Discussion of measure of penalties - agreed penalties

ACCC v Visa Inc [2015] FCA 1020
Admitted contravention of s 47 (exclusive dealing); pecuniary penalty

ACCC v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 (2 November 2007)
Admission of cartel conduct - penalties of $36m + imposed

 

On agreed penalties

On legality

Construction, Forestry, Mining and Energy Union & Anor v. Director, Fair Work Building Industry Inspectorate & Anor (B45/2015) (High Court case page)

General principles and examples

ACCC v Koyo Australia Pty Ltd [2013] FCA 105 (18 October 2013)
Admitted cartel conduct - penalties by consent

ACCC v Midland Brick Co Pty Ltd [2004] FCA 693
Price fixing - joint submission on orders - principles governing joint submissions

ACCC v NSK Australia Pty Ltd [2014] FCA 453 (13 May 2014)
Price fixing (admitted)

ACCC v QANTAS Airways Ltd (2008) ATPR 42-266; [2008] FCA 1976
Collusive conduct - SLC - Penalties - Admission of liability

ACCC v Renegade Gas Pty Ltd (trading as Supagas NSW) and Speed-E-Gas (NSW) Pty Ltd [2014] FCA 1135
Cartel conduct - agreed penalties totalling $8.3 million (contraventions admitted) - cooperation

TPC v Allied Mills Industries Pty Ltd [1981] FCA 142; (1981) 60 FLR 38
Agreed penalties