TRADE PRACTICES - consideration of an application seeking declarations and an injunction against the Respondent - where terms of the declaration are restricted to one particular agreement - where appropriate case for declarations of contravening conduct - whether the Court should exercise its power to grant an injunction against the Respondent - where contravening conduct was giving effect to a significant cartel arrangement - where conduct occurred some time ago.
TRADE PRACTICES - consideration of s 76 of the Competition and Consumer Act 2010 (Act) and the appropriate penalty or penalties in respect of contraventions - where contravener engaged in cartel conducted related to the supply of land-based electrical cables, submarine-based electrical cables and accessories - determination of maximum penalty - whether maximum penalty will properly reflect the gravity and seriousness of the contravening conduct.
TRADE PRACTICES - consideration of how many contraventions are subject to the maximum penalty - whether contraventions are to be considered part of the same conduct within s 76(3) of the Act - where the Respondent's conduct reflects a single course of conduct between the cartel participants.
TRADE PRACTICES - consideration of the parity principle and the penalty imposed on another respondent - where Court should have regard to the penalty imposed - where circumstances are such that a close approximation with the penalty imposed is not required or appropriate.
PRACTICE AND PROCEDURE - where contravening conduct was deliberate and premeditated - where the conduct occurred over a relatively short period of time - where Respondent did not secure the contract - where Respondent has not been found guilty of similar conduct before or since the contravening conduct - where Respondent is a large global group with substantial market shares - where conduct engaged in by senior employees of the company - where Respondent has shown no contrition for the contravening conduct and has not cooperated in any relevant sense.
COSTS - consideration of an application by the Second Respondent seeking costs against the Applicant pursuant to r 25.14(2) of the Federal Court Rules 2011 (Cth) - where the Applicant did not act unreasonably in rejecting the Second Respondent's offer - where the case was complex and the question of attribution may turn on quite fine factual distinctions.
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