Australian Competition and Consumer Commission v Yazaki Corporation

(2018) 262 FCR 243; [2018] FCAFC 73

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Competition
1. contraventions of the Competition and Consumer Act 2010 (Cth) and the Competition Code as applied as a law of Victoria by the Competition Policy Reform (Victoria) Act 1995 (Vic)
1. consideration of s 45(2)(b)
1. consideration of exclusionary provisions and contravention of ss 45(2)(a)(i) and 45(2)(b)(i) of the Competition and Consumer Act 2010 (Cth)

Quick Take

Cartel conduct is subject to the following principles: (1) exclusionary provision contraventions do not require an Australian market; (2) subsidiaries can 'give effect to' parent company cartels without knowledge; (3) maximum penalties under s 76(5) include turnover of related bodies corporate; and (4) the course of conduct principle cannot reduce the number of maximum penalties applicable to distinct contraventions.