Peters Ice Cream ordered to pay $12m penalty for exclusive dealing

The Federal Court has ordered the Australasian Food Group (trading as Peters Ice Cream) to pay a $12m penalty and $250,000 toward the ACCC’s costs for engaging in exclusive dealing. The conduct related to the supply of single-wrapped ice creams at petrol stations and convenience retailers.

Peters Ice Cream admitted the conduct and the Court accepted the proposed orders and penalty jointly submitted by the parties was appropriate.

It was noted that the conduct was not deliberate but was engaged in by ‘management’ level employees.

The maximum penalty available (based on relevant revenue measure) was $33,750,000.