Re:Uber concedes deception, prepares for $26M ACCC spanking
by urthor on Wednesday April 27, 2022 @05:43AM
(#31178065)
https://en.wikipedia.org/wiki/Punitive_damages
Not all fines are punitive damages.
Re:Uber concedes deception, prepares for $26M ACCC spanking
by chottocharaii on Wednesday April 27, 2022 @06:38AM
(#31178332)
Exemplary damages is the Australian legal term of art for damages that are functionally identical to punitive damages.
Re:Uber concedes deception, prepares for $26M ACCC spanking
by urthor on Wednesday April 27, 2022 @08:06AM
(#31178873)
Well you have to dumb it down for the Americans.
The nature of the business though is that they're almost never awarded, except maybe for contempt of court?
Certainly not in a significant quantity against a corporation.
Re:Uber concedes deception, prepares for $26M ACCC spanking
by nl on Wednesday April 27, 2022 @08:21PM
(#31187429)
Commonwealth bank was recently fined $700m
Re:Uber concedes deception, prepares for $26M ACCC spanking
by chottocharaii on Wednesday April 27, 2022 @08:28AM
(#31179047)
it’s different terminology. no need to baselessly insult americans
They are awarded in a certain sets of circumstances. Contempt of court is far from the only example
substantial sums exemplary damages are certainly capable of being awarded against a corporation on the right set of facts
Re:Uber concedes deception, prepares for $26M ACCC spanking
by chottocharaii on Wednesday April 27, 2022 @06:39AM
(#31178343)
civil infringements can incorporate deterrence as a factor for damages awards also
In Australia, criminal behaviour can incur fines[1]:
> Fines are monetary fines (criminal penalty) imposed by courts in criminal proceedings. Criminal standard of proof is required.
The ACCC has pretty significant ability to impose penalties:
> The maximum penalties per breach of the ACL [..] maximum penalties for breaches [..] will be the greater of: $10,000,000; or If Court can determine "reasonably attributable" benefit obtained, 3 times that value, or if Court cannot determine benefit, 10% of annual turnover in preceding 12 months.
[1] https://www.accc.gov.au/business/business-rights-protections...