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Australia anti competitive agreements

Australian Competition and Consumer Commission v Cement Australia Pty Ltd

[2017] FCAFC 159
JurisdictionAustralia
CourtFull Federal Court of Australia
Year2017
StatusBinding authority

Summary

Full Federal Court upheld findings of cartel conduct and market allocation in the cement industry under CCA s 45, and addressed principles of penalty calculation.

Key Principle

cartel conduct; market allocation; cement industry; CCA s 45; penalty calculation

Area of Law

competition

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ACCC v Yazaki Corporation (2018) 262 CLR 1

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.

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.

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