Follow up on Post 28390. The ACCC action against Fraser Island barge operators was concluded in court yesterday. Here is the story:
'TWO former Fraser Island barge operators have been ordered to pay $1 million in costs and penalties after they were found guilty of predatory pricing and breaches of the Trade Practices Act.
Sidney Albert Melksham and Angela Kay Burger and their companies were fined after the Federal Court declared they had used predatory techniques in an attempt to eliminate a competitor.
In December 2000, rival barge the Manta Ray begun operating from
Inskip Point near
Rainbow Beach to
Hook Point, on Fraser Island.
The Federal Court declared Melksham and Burger and their companies
Eurong Beach Resort, Jaigear Pty Ltd, and Oser Pty Ltd, had a substantial degree of power in the market and "took advantage of that power for the purpose of eliminating and substantially damaging" their competitor.
Melksham and Burger implemented a policy so that the price was kept at $10 less than their competitor.
The companies also admitted to entering into a contract with another operator, who agreed not to supply barge
services to Fraser Island at the same time as them.
Justice Kiefel ordered the following penalties: $500,000 against
Eurong Beach Resort; $100,000 against Jaigear Pty Ltd; $100,000 against Oser Pty Ltd; $100,000 against Melksham and $100,000 against Burger.
He also ordered the respondents pay the Australian Competition and Consumer Commission's costs of $100,000.'
It is good that the 'little guy' has been protected, and the 'big guy' given a wack around the ears. But of course, the result is that while we have a choice of barge operators, we no longer have price competition. Such is life.