Australian Competition and Consumer Commission v TF Woollam and Son Pty Ltd (No 2)

The Australian Competition and Consumer Commission (ACCC) filed a case against TF Woollam and Son Pty Ltd, seeking pecuniary penalties and injunctive relief for engaging in price-controlling behaviour. This conduct was found to contravene section 45 of the Trade Practices Act 1974 (Cth) (TPA). The respondents did not incur any monetary loss as a result of their behaviour, which was ad hoc and opportunistic, and their financial position was relevant to the penalty calculation. There was also no significant mitigating behaviour observed.

The court considered the principles set out in case law and section 76 of the TPA when determining the pecuniary penalty. The court held that injunctive relief under section 80 of the TPA would not be granted, as it was unlikely that the respondents would repeat the contravening conduct. Furthermore, the injunctive relief would not add anything to the deterrence created by the imposition of pecuniary penalties. The court ordered TF Woollam and Son Pty Ltd to pay pecuniary penalties as determined by the court.

In relation to the declarations, the court held that they should name non-parties where no pending proceedings exist against them. The court recorded that the non-party had not contravened the TPA. The court ordered the ACCC to file and serve declarations naming the non-party, which would be subject to the usual confidentiality provisions.