Australian Competition and Consumer Commission v Kokos International Pty Ltd (No 2)

The Australian Competition and Consumer Commission (ACCC) took legal action against Kokos International Pty Ltd and other respondents for alleged price fixing in the provision of educational consultancy services to overseas students of Korean origin. The ACCC alleged that the respondents had engaged in anti-competitive practices, including agreements to not offer or accept discounted tuition fees and to ban any party who breached these agreements from enrolling students for a period of three months. The case involved multiple respondents, including Kokos International Pty Ltd, Mr Chad Kim, IAE, and Mr Young Gil Pae, among others. The legal issues before the court included whether the respondents had contravened section 45 of the Trade Practices Act 1974 (Cth) and the Competition Code. The court found that the respondents had indeed engaged in the alleged anti-competitive conduct, resulting in pecuniary penalties being imposed on the respondents. The court awarded penalties of $60,000 to Kokos International Pty Ltd, $12,500 to Mr Chad Kim, $34,000 to IAE, and $8,000 to Mr Young Gil Pae. Additionally, the respondents were ordered to pay the ACCC's costs of the proceedings. The court also stood over the application for declaratory orders against the first to fourth respondents to be made at a later date.