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ARTICLE · 20 OCTOBER 2003

Financial Product Liability And Mass Tort And Product Liability Update: September 2003

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AustraliaAntitrust/Competition Law

Bray v F Hoffman-La Roche Ltd [2003] FCAFC 153
(Justices Carr, Branson and Finkelstein, 15.7.03, Full Federal Court)

Summary

During the 1990s, three groups comprising the respondents entered into and carried out an international price fixing and market sharing arrangement in relation to vitamin products. This led to several international prosecutions. A number of the companies pleaded guilty to the charges or admitted liability. Several received pecuniary penalties. The applicant applied to commence a representative proceeding under Part IVA of the Federal Court Act (FCA). The group consisted of persons seeking competition in relation to purchases of the relevant vitamins in Australia. One of the issues before the primary judge was the submission by one of the respondents that security for costs be ordered against the applicant.

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