ACCC v First Class Slate Roofing

Australian Competition and Consumer Commission v First Class Slate Roofing Pty Limited [2022] FCA 1093

Federal Court of Australia
NSD 1118 of 2021
Judgment: 14 September 2022
Justice Yates

Catchwords

COMPETITION LAW – cartel conduct – bid-rigging - admitted contraventions of s 45AJ and s 45AK of the Competition and Consumer Act 2010 (Cth) – application for pecuniary penalties and other relief – agreed orders

Legislation

Competition and Consumer Act 2010 (Cth) ss 45AD(3)(c)(ii), 45AD(3)(c)(iv), 45AD(3)(c)(v), 45AD(4)(a), 45AD(4)(b), 45AD(4)(j), 45AJ, 45AK, 76(1), 80, 86C(2)(b), 86C(2)(c), 88

Evidence Act 1995 (Cth) s 191

Cases cited

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68

Australian Securities and Investments Commission v MLC Nominees Pty Ltd [2020] FCA 1306; 147 ACSR 266

Summary

The Federal Court ordered two Sydney suppliers of slate roofing services and the directors of each business to pay penalties for cartel conduct. Collectively pecuniary penalties of $420,000 were ordered against the businesses and their directors.