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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
JurisdictionAustralia
CourtFederal Court of Australia (single judge, Heerey J)
Year2007
StatusPersuasive authority

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 Pacific National Pty Ltd [2020] FCAFC 77
ACCC v Yazaki Corporation Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 262 FCR 243
ACCC v Pfizer Australia Pty Ltd [2018] FCAFC 78

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