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ACCC v Cabcharge Australia Ltd
Court
Federal Court of Australia
Full case name
Australian Competition and Consumer Commission v Cabcharge Australia Ltd
Decided
17 November 2010
Citation(s)
[2010] FCA 1261
Case history
Subsequent action(s)
ACCC v Cabcharge Australia Ltd (No 2) [2010] FCA 837
Court membership
Judge(s) sitting
Finkelstein J
ACCC v Cabcharge Australia Ltd is a 2010 decision of the Federal Court of Australia brought by the Australian Competition & Consumer Commission (ACCC) against Cabcharge.[1] In June 2009, the ACCC began proceedings in the Federal Court against Cabcharge alleging that it had breached section 46 of the Commonwealth Trade Practices Act (TPA) by misusing its market power and entering into an agreement to substantially lessen competition. The action alleged predatory pricing by Cabcharge and centred on Cabcharge's conduct in refusing to deal with competing suppliers to allow Cabcharge payments to be processed through EFTPOS terminals provided by rival companies and supplying taxi meters and fare updates at below actual cost or at no cost.[1]
In September 2010, to settle the action, Cabcharge admitted a number of contraventions of TPA and the Federal Court imposed a fine of $15 million ($14 million in civil penalties and $1 million in costs), the highest ever penalty imposed for misuse of market power. The judgement was delivered by Justice Raymond Finkelstein on 17 November 2010.
^ abACCC v Cabcharge Australia Ltd [2010] FCA 1261, Federal Court (Australia); ACCC v Cabcharge Australia Ltd (No 2) [2010] FCA 837, Federal Court (Australia). This article incorporates text from this source, which is in the public domain.
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