Other orders—compensation for breach of the competition rule
151CE Other orders—compensation for breach of the competition rule
If, in a proceeding instituted under this Division in relation to a contravention of the competition rule, the Federal Court finds that a person who is a party to the proceeding has suffered, or is likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of the competition rule, the Court may, on the application of a party to the proceedings, make such orders as it thinks appropriate against:
the person who engaged in the conduct; or
a person who was involved in the contravention;
if the Court considers that the orders concerned will:
compensate the first‑mentioned person, in whole or in part, for the loss or damage; or
prevent or reduce the loss or damage.
The Federal Court may make an order under subsection (1) whether or not it:
grants an injunction under section 151CA; or
makes an order under section 151BX, 151CB or 151CC.
Subsection (1) does not, by implication, limit section 151CA.
The Federal Court’s orders include, but are not limited to, the following:
an order declaring the whole or any part of:
a contract made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct; or
a collateral arrangement relating to such a contract;
to be void and, if the Court thinks fit, to have been void ab initio or at all times on and after such date before the date on which the order is made as is specified in the order;
an order varying such a contract or arrangement in such manner as is specified in the order and, if the Court thinks fit, declaring the contract or arrangement to have had effect as so varied on and after such date before the date on which the order is made as is so specified;
an order refusing to enforce any or all of the provisions of such a contract or collateral arrangement;
an order directing:
the person who engaged in the conduct; or
a person who was involved in the contravention constituted by the conduct;
to refund money or return property to the person who suffered the loss or damage;
an order directing:
the person who engaged in the conduct; or
a person who was involved in the contravention constituted by the conduct;
to pay to the person who suffered the loss or damage the amount of the loss or damage;
an order directing:
the person who engaged in the conduct; or
a person who was involved in the contravention constituted by the conduct;
at the person’s own expense, to supply specified goods or services to the person who suffered, or is likely to suffer, the loss or damage.
An application under subsection (1) must not be made in relation to a contravention of the competition rule unless the alleged conduct is of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred.
The powers conferred on the Federal Court by this section in relation to a contract do not affect any powers that any other court may have in relation to the contract in proceedings instituted in that other court in respect of the contract.
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