TRADE PRACTICES - Consideration of s 76 of the Competition and Consumer Act 2010 (Act) and appropriate penalty or penalties in respect of contraventions of s 45(2) - where contravener engaged in cartel conduct related to the supply of automobile parts - determination of maximum penalty - where parties have not sought to prove the value of the benefit reasonably attributable to the contraventions - where dispute as to the amount of annual turnover attributable to the contravener.
TRADE PRACTICES - Consideration of how many contraventions are subject to the maximum penalty - whether contraventions are to be considered as one act within s 76(1A)(b) of the Act - whether the contraventions are to be considered part of the same conduct within s 76(3) of the Act - where conduct can be divided into two broad categories of conduct with different qualities - where pecuniary penalty for the second course of conduct significantly lower to reflect degree of connection between all of the conduct.
STATUTORY INTERPRETATION - Consideration of term "enterprise" in s 76(5)(d) of the Act - where most natural meaning of the term 'enterprise' is business - whether supplies made by a subsidiary are made in connection with a business carried on by the contravener for the purposes of determining "annual turnover" in s 76(5) of the Act.
PRACTICE AND PROCEDURE - Where the covert cartel conduct was deliberate, sophisticated and devious - where only limited conduct connected to Australia - where conduct nonetheless bore upon substantial financial transactions between substantial corporations in Australia - where no previous contraventions of the Act - where no suggestion contravener voluntarily undertook compliance training programs - where it is unclear whether punishment imposed in foreign jurisdiction related to conduct the subject of the Australian proceedings.
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