ACCC v Cement Australia (FCA)

Federal Court of Australia
Justice Greenwood

ACCC v Cement Australia Pty Ltd [2013] FCA 909 (10 September 2013)

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Related judgments

[2014] FCA 148 (28 February 2014) ((some) formal orders)

[2016] FCA 453 (29 April 2016) (Penalty)

[2017] FCAFC 159 (5 October 2017) (Penalty appeal)

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Issue: anti-competitive agreements, misuse of market power

Justice Greenwood, in a judgment running to 940 pages, held that Cement Australia (and other respondents) contravened section 45, but had not contravened s 46 as the ACCC had alleged.

Post

In a separate penalty decision Justice Greenwood ordered penalties of $18.6m (later reduced to $17.1m after one order was set aside). The ACCC appealed against the penalty and was partially successful, with the penalty increasing to $20.6m.