Australian Competition and Consumer Commission v Oakmoore Pty Ltd

The Australian Competition and Consumer Commission (ACCC) brought proceedings against Oakmoore Pty Ltd and others, alleging breaches of the Competition and Consumer Act 2010 (Cth). The case centred around exclusive dealing practices in the distribution of polycarbonate (polycarb) products. The third and seventh respondents admitted to contraventions of sections 45 and 47 of the Act, and the seventh respondent admitted to being knowingly concerned in the contraventions of the third respondent. The court was tasked with determining whether the proposed declarations, pecuniary penalties, and non-punitive orders were appropriate.

The court considered the principles of consistency and deterrence in setting penalties, noting that while comparable cases could provide guidance, each case must be assessed on its own facts. The court accepted the submissions that the proposed penalties reflected an appropriate deterrent value, taking into account issues of parity and consistency. The court also acknowledged the "course of conduct" principle, allowing consideration of the wider context of the contraventions when setting penalties. The court was satisfied that the proposed declarations served to record the court's disapproval, vindicate the ACCC's claims, assist the ACCC in carrying out its duties, inform the public of the harm, and deter future contraventions.

The court found that the proposed orders, including pecuniary penalties and a competition law compliance training program, were appropriate. Ampelite was ordered to pay $2 million in pecuniary penalties, and Mr Verhagen was ordered to pay $100,000. Ampelite was also required to ensure its directors and employees received competition law compliance training. Ampelite and Mr Verhagen were jointly and severally ordered to contribute $100,000 towards the ACCC's costs. The court's decision was based on the agreed facts, the public interest in enforcing competition law, and the principles of consistency, deterrence, and proportionality in penalty setting.