Australian Competition and Consumer Commission v Cement Australia Pty Ltd

In assessing pecuniary penalties for anti-competitive conduct under the Competition and Consumer Act 2010 (Cth), a separate penalty may be imposed on each contravening corporation (penalties cannot be ordered jointly and severally), and the making of, and giving effect to, a contravening arrangement may constitute distinct contraventions rather than a single course of conduct, with the result that penalties for entering into anti-competitive flyash-supply agreements were increased on appeal.