ACCC v Cement Australia (FCAFC)

middletonbeachmoshinsky
Written By Julie Clarke

Federal Court of Australia (Full Court)
Justices Middleton, Beach and Moshinsky

ACCC v Cement Australia Pty Ltd [2017] FCAFC 159 (5 October 2017)

Related judgments

[2013] FCA 909 (10 September 2013) (Liability)

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

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

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

Issue: penalty (for anti-competitive agreements)

See my case page for detail

This was an appeal against penalty only; Justice Greenwood had found Cement Australia in contravention of s 45 (anti-competitive agreements) but not s 46 (misuse of market power).

The full Federal Court upheld an appeal by the ACCC for increased penalties from $17.1m to a total of $20.6m.

Julie Clarke
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