COMPETITION - consideration of the principles governing the assessment of a pecuniary penalty under s 76 of the Trade Practices Act 1974 (Cth) now the Competition and Consumer Act 2010 (Cth) - consideration of the implications of the decision of the High Court in Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 in determining a penalty under s 76 of the Trade Practices Act 1974 (Cth) - consideration of approaches to assessing benefit derived by participants to contravening conduct and market harm caused by contravening conduct - consideration of approaches to determining the "but for" price which would have prevailed in a contestable market had the relevant participants not engaged in the contravening conduct - consideration of the utility of such an exercise
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