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Australia
carteldeterrence
Visy Industries Holdings Pty Ltd v ACCC
Australian Competition and Consumer Commission v Visy Industries Holdings Pty Ltd (No 3) [2007] FCA 1617; (2007) 244 ALR 673
Key Principle
In fixing pecuniary penalties for cartel conduct (price-fixing and market-sharing) under the Trade Practices Act 1974, the penalty must be of a magnitude sufficient to achieve both specific and general deterrence and must not be regarded as an acceptable cost of doing business; the record A$36 million penalty was imposed on the Visy companies for the corrugated fibreboard packaging cartel with Amcor.
Area of Law
competition
Related Cases
ACCC v Yazaki Corporation Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 262 FCR 243