An appeal against penalties imposed for contraventions of conduct in respect of contracts, arrangements or understandings that restrict or affect competition. The appeal considered whether a single joint and several penalty can be imposed on one or more contravenor under section 76 of the Competition and Consumer Act 2010 (Cth). The appeal also considered whether the making of and giving effect to the provisions of a contravening contract ought to be separately penalised or treated as a single course of conduct and whether the trial judge erred in his treatment of issues of market harm and financial benefits.
Michael Hodge and Claire Schneider (with S Couper QC) appeared for the Appellant, instructed by the Australian Government Solicitor.
The judgment can be read by clicking here