The ACCC has been successful in 2 recent prosecutions:
In Australian Competition & Consumer
Commission v Australian Abalone Pty Ltd [2007] FCA 1834 penalties totalling $927,500 were imposed on individuals and companies involved in a Victorian abalone cartel.
The ACCC alleged that under the arrangement the parties would not
supply a processor customer unless that processor paid a premium on top
of an average ‘beach’ price (market price) and was a processor
nominated by Australian Abalone Pty Ltd, a corporate vehicle created to
market the catch by the quota holder and others.
Justice Weinberg of the Federal Court in Melbourne found, that the
conduct contravened the primary boycott and price fixing provisions of
the Act ( ss 45(2)(a)(i) and (ii) and
45(2)(b)(i) and (ii) of the Trade Practices Act 1974) and the Victorian Competition Code.
In ACCC v TEAC the Federal Court of Australia imposed penalties totalling $190,000
on TEAC Australia Pty Ltd and its National Sales Manager, Mr Warren
Allison, for engaging in resale price maintenance in contravention of section 48 of the Trade Practices Act in relation to conduct that sought to stop an independent retailer of
electronic products from advertising prices below the ‘go price’
specified by TEAC. (ACCC Media Release).
