COMPETITION – imposition of pecuniary penalties and related orders under s 76(1) of the Competition and Consumer Act 2010 – where respondents found to have induced or intended to induce contraventions of the cartel prohibitions – where business and assets of contravenor were divested after the liability judgment and penalty hearing – relevant penalty considerations – primary object of deterrence – whether certain contraventions should be treated as a single course of conduct – whether particular circumstances faced by respondents constituted extra-curial punishment or detriment – whether non-indemnification order appropriate – HELD: penalties of $5 million and $1 million imposed on first and second respondent respectively – non-indemnification order made in relation to second respondent
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0356For more information, see the original judgement.