Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd (No 2)

[2015] FCA 723

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd (No 2) [2015] FCA 723

Citation:	Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd (No 2) [2015] FCA 723
Parties:	AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HEWLETT-PACKARD AUSTRALIA PTY LTD (ACN 004 394 763)
File number(s):	NSD 1588 of 2012
Judge(s):	BUCHANAN J
Date of judgment:	17 July 2015
Legislation:	Competition and Consumer Act 2010 (Cth)
Cases cited:	Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd [2013] FCA 653
Date of hearing:	Heard on the papers
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Solicitor for the Applicant:	Australian Competition and Consumer Commission
Solicitor for the Respondent:	Corrs Chambers Westgarth

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1588 of 2012

BETWEEN:	AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
AND:	HEWLETT-PACKARD AUSTRALIA PTY LTD (ACN 004 394 763) Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	17 JULY 2015
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Effective from 1 August 2015, orders made in these proceedings on 5 July 2013 (Orders) be varied as follows: 

a.the reference to HPA be changed to “HP PPS Australia Pty Ltd ACN 603 480 628 (HPS)”, for order 7 of the Orders;

b.references to HPA be changed to “HPS”, for orders 7.1 to 7.6, 8, 11, 17, Annexure B and Annexure D (paragraphs 6 to 9, 11 to 15) of the Orders;

c.references to HPA Computer Products be changed to “HPS Computer Products”, for orders 7, 11 and Annexure B of the Orders;

d.references to the HPA Website be changed to “HPS Website”, for order 11 of the Orders; and

e.references to the HPA Online Store be changed to “HPS Online Store” and the URL to be changed to for orders 7 and 11 of the Orders,

to the extent that there are ongoing obligations and requirements. 

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1588 of 2012

BETWEEN:	AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
AND:	HEWLETT-PACKARD AUSTRALIA PTY LTD (ACN 004 394 763) Respondent

JUDGE:	BUCHANAN J
DATE:	17 JULY 2015
PLACE:	SYDNEY

REASONS FOR JUDGMENT

BUCHANAN J: 

1. On 5 July 2013, I made orders against the respondent (HPA) with its consent, HPA having accepted that it had contravened ss 18 and 29(1)(m) of the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)). The circumstances leading to the making of those orders were explained in Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd [2013] FCA 653.

2. The Court has now been informed that HPA will restructure its business and operations in a manner consistent with a global re-organisation whereby the ultimate parent company of HPA, Hewlett-Packard Company which is incorporated in the United States of America, will separate into two separate companies.  The result of the separation will be that in Australia HPA will no longer manufacture and supply the computer products that are the subject of the orders.  Instead, from 1 August 2015 HP PPS Australia Pty Ltd (ACN 603 480 628) (HPS) will manufacture and supply the computer products and will be the entity which should be bound by the orders made on 5 July 2013. 

3. The applicant has informed the Court that it does not oppose the orders being amended to give effect to the respondent’s proposal. 

4. I am satisfied that the proposal gives continuing effect to the terms of the orders made on 5 July 2013 and that it is appropriate that orders be made varying those orders in the terms proposed by the respondent which are not opposed by the applicant. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Buchanan.

Associate: 

Dated:        17 July 2015