Australian court orders $20.6million penalties against Cement Australia companies

The Australian Competition and Consumer Commission (ACCC) announced that the Full Court of the Federal Court has upheld an ACCC appeal, and dismissed a cross appeal by Cement Australia, against the penalties imposed on Cement Australia Pty Ltd and its related companies for making and giving effect to anti-competitive agreements.

The trial judge had imposed penalties of A$17.1 million against the Cement Australia companies. The Full Court has now ordered these companies to pay increased penalties totalling A$20.6 million for breaching the anti-competitive provisions of the Competition and Consumer Act 2010 . This is the third highest total penalty imposed for an ACCC case.

The penalties imposed on each Cement Australia company were:
  • A$2.93 million against Pozzolanic Enterprises Pty Ltd
  • A$10.28 million against Cement Australia (Queensland Pty Ltd) (formerly QCL)
  • A$7.29 million against Cement Australia Pty Ltd
  • A$100,000 against Pozzolanic Industries.

The 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".


We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

Protected by FormShield

We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.