The episode has also attracted class action for damages under ss 82 of the Trade Practices Act by a number of customers, led by the Pharmacists Association of Australia.
Can any agreed statement of facts between DIARCOR and the ACCC be used as evidence against DIARCOR in any subsequent civil damages proceedings that its former clients may be seeking to bring against it
Any agreed statement of facts between DIARCOR and the ACCC is bound to cover issues that the former clients of DIARCOR may be seeking to bring against the latter. It is difficult to predict with certainty whether the statement of fact could be used as evidence by aggrieved clients. It depends on the nature and extent of punitive measures ACCC metes out to DIARCOR. It also depends on the contents of the statement of facts and the court's verdict. As statutory authority, ACCC is in the right position to consider damages under ss 45, 45A and 82 of the Trade Practices Act and submit a proposal to the court that must assuage the grievances of the clients besides settling with a deterrent fine for DIARCOR. (Focus on Competition Law July 2001)
The statement of facts is not a single format. It comes in various forms. Ideally, statement of facts must leave no scope for dispute. However, this is not possible all the time. ...