Penalties/remedies | 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.

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 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