Full Federal Court orders $20.6 million penalties against Cement Australia companies
The trial judge had imposed penalties of $17.1 million against the Cement Australia companies.
The Full Court has now ordered these companies to pay increased penalties totalling $20.6 million for breaching the anti-competitive provisions of the Act.
This is the third highest total penalty imposed for an ACCC case.
The penalties imposed on each Cement Australia company were:
- $2.93 million against Pozzolanic Enterprises Pty Ltd
- $10.28 million against Cement Australia (Queensland) (formerly QCL)
- $7.29 million against Cement Australia Pty Ltd
- $100,000 against Pozzolanic Industries.
$he Full Court upheld the ACCC’s ground of appeal that related to the imposition of a single penalty, jointly and severally, on two respondent companies involved in one contravention.
In upholding this ground, the Full Court confirmed that “[d]eterrence is the primary objective for the imposition of civil penalties”, and considered “that the imposition of a joint and several penalty would risk undermining this objective.” ■