A new podcast has been published featuring Prof Caron Beaton - Wells (Director, Competition Law and Economics Network, Melbourne Law School) and authors of the recent OECD Report on
Pecuniary Penalties for Competition Law Infringements in Australia, Sean Ennis and Pedro Caro de Sousa.
Two of the authors of the OECD,
Pecuniary Penalties for Competition Law Infringements in Australia (26 March 2018) report, Sean Ennis and Pedro Carodesousa, presented their work at the Melbourne Law School's Competition Law and Economics Network discussion group today March.
Not exact matches
Coles was ordered to pay
pecuniary penalties of $ 10 million and costs, and has provided a court enforceable undertaking to the ACCC to establish a formal process to provide redress
for over 200 suppliers.
This decision has significant implications
for the existing common practice of the Australian Competition and Consumer Commission (ACCC) and respondents to make agreed joint submissions as to appropriate
pecuniary penalties in competition law cases.
The ACCC is seeking declarations, injunctions,
pecuniary penalties, orders that involved parties establish and maintain a compliance program, adverse publicity orders, community service orders and disqualification from directorship
for the three directors alleged to be involved.
The issue before the court was whether the assessment fell under Bankruptcy Code section 523 (a)(7), which exempts from discharge any «fine,
penalty or forfeiture payable to and
for the benefit of a governmental unit, and is not compensation
for actual
pecuniary loss.»
The ACCC's enforcement powers are extensive —
for some contraventions it can seek remedies such as criminal or civil
pecuniary penalties up to $ 1.1 million
for companies and $ 220 000
for individuals, infringement notice
penalties of up to $ 108 000
for publicly listed companies, $ 10 800
for corporations and up to $ 2160
for individuals, disqualification orders, injunctions to prevent ongoing conduct and corrective advertising orders.