Justice Edmonds imposed a pecuniary penalty in the sum of $3 million on NSK relating to contraventions of s 45(2) (making and giving effect to price fixing conduct in relation to ball bearings).

NSK admitted the arrangements or understandings in question containing provisions to which s 45A applied and that s 45 was, as a result, contravened (the relevant conduct took place before section 45A was replaced with new cartel laws).

The ACCC and A-NSK also reached agreement as to the suggested penalty and the Court accepted that the penalty of $3m was 'within a range that, unaided by the parties’ views, is appropriate' (para 60).

ACCC, 'ACCC takes action against NSK for alleged cartel conduct' (13 December 2013)

ACCC, '$3m penalty for bearings cartel conduct' (13 May 2014)

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