FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Visa Inc
[2015] FCA 1020
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- Case
- [2015] FCA 1020
- Decision Date
CaseChat Overview and Summary
The court found that Visa Inc had engaged in exclusive dealing practices that were contrary to section 47 of the Act. The court considered the principles for determining an appropriate pecuniary penalty, including the gravity of the contravention, the conduct of the contravener, and the deterrence and public interest considerations. The court held that the penalty should be significant enough to deter future contraventions, and to ensure that the contravention did not confer any significant benefit on the contravener. The court found that the appropriate penalty in this case was AU$18 million, and ordered the respondent to pay this amount within 28 days of the date of the order.
The court also ordered that the respondent pay the ACCC’s costs of and incidental to the proceeding, agreed in the sum of AU$2 million. The application for declaratory relief was dismissed, as the court found that such relief was not necessary in the circumstances of the case. The orders of the court were made pursuant to Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
2. The second respondent pay to the Commonwealth of Australia a pecuniary penalty in the sum of AU$18 million within 28 days of the date of this order in respect of the declared contravention in paragraph 1.
3. The second respondent pay the applicant's costs of and incidental to the proceeding, agreed in the sum of AU$2 million.
4. The application otherwise be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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