ACCC v Australasian Food Group Pty Ltd

Australian Competition and Consumer Commission v Australasian Food Group Pty Ltd

Federal Court of Australia
(Victorian Registry VID 738 of 2020)
[2022] FCA 308 (25 March 2022)
Justice Moshinsky

Catchwords

COMPETITION – exclusive dealing – where the respondent was an Australian manufacturer and wholesale supplier of single serve ice cream products – where the respondent acquired services from a distributor (PFD) on condition that PFD would not, without the respondent’s prior written consent, sell or distribute single serve ice cream products that competed with the respondent’s single serve ice cream products in certain geographic areas – where the respondent admitted that it had contravened s 47(1) of the Competition and Consumer Act 2010 (Cth) – where the parties jointly proposed a pecuniary penalty of $12 million – applicable principles relating to the imposition of pecuniary penalties – whether proposed pecuniary penalty appropriate – held: pecuniary penalty of $12 million appropriate

Legislation

Competition and Consumer Act 2010 (Cth), ss 4E, 47, 76, 86C

Summary

The ACCC alleged Australasian Food Group Pty Ltd [trading as Peters Ice Cream] engaged in exclusive dealing conduct ‘which hindered or prevented competition for the supply of single-wrapped ice creams to petrol and convenience retailers‘.

The Court found in favour of the ACCC and ordered Peters Ice Cream to pay $12m penalty.