Australia Leading Case anti competitive agreements

ACCC v Yazaki Corporation

(2018) 262 CLR 1

JurisdictionAustralia

CourtHigh Court of Australia

Year2018

StatusBinding authority

Summary

HCA upheld record cartel penalties for wire harness market conduct, affirming that penalties must deter contravener and others, considering nature, extent, and duration of cartel.

Key Principle

The HCA upheld record penalties for cartel conduct (wire harness market); the penalty must be sufficient to deter the contravener and others, and the court considers the nature, extent, and duration of the cartel.

Area of Law

competition

Related Cases

ACCC v Pacific National Pty Ltd [2020] FCAFC 77

Full Federal Court considered the test for substantially lessening competition under s.50 CCA in the context of a rail freight acquisition.

ACCC v Pfizer Australia Pty Ltd [2018] FCAFC 78

Full Federal Court considered whether Pfizer's patent evergreening strategy in the pharmaceutical market constituted misuse of market power under s 46 of the Competition and Consumer Act.

ACCC v Yazaki Corp (2018) 262 CLR 203

Full Federal Court set aside and recalculated cartel conduct penalties, establishing key principles for penalty assessment under the Competition and Consumer Act 2010 (Cth).

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