This follows a trend started earlier this year in the Jurlique case, in which fines of $3.4 million were imposed. The decisive factor in the Navman decision was that "Navman's conduct was not merely deliberate - it was pursued in an aggressive and high-handed way by the company's most senior managers". This was reflected in personal fines imposed on Mr Baird (former Director) of $80,000 and on Mr David King (former Australasian Sales Manager) of $30,000.
Read the decision (rtf document)
As noted above, on 21 December, the Federal Court imposed a $1.25 million fine on Navman for resale price maintenance. An important factor was the company's neglect of compliance training;
"Navman's corporate culture was not conducive to compliance with the Act. Mr Baird and Mr King did not receive any trade practices training from Navman. I would have thought the senior managers of a multi-national company would have, at very least, a basic understanding of the law even without the need for detailed training. In any event, the failure of the company to provide training and see that its senior managers arranged training for their subordinates reflects badly on Navman's corporate culture."
Should you be thinking about your own compliance training? Talk to Wisewoulds about its Compliance Services.
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