School of Law - Research
Faculty of Business and Law
See also Competition cases
Australian Trade Practices Law Reporter (CCH Subscription Service)
'Covers important cases, Australian Competition Tribunal and Commission decisions and legislative changes, changes to the national competition regime, markets, competition, market-power, anticompetitive agreements, misuse of market power, secondary boycotts, exclusinve dealing, price surveillance, pricing declarations, notifications and GST price exploitation, mergers and acqusitions, resale price maintenance, authorisations, notifications, review, exceptions, procedure, evidence, excemptions, extraterritoriality, enforcement, remedies, defences, unfair conduct, misrepresentation, implied terms, manufacturers' liability, product liability, telecommunications, international liner cargo shipping.'
Anti-competitive agreements
ACCC v Australian Abalone Pty Ltd [2007] FCA 1834
Admitted price fixing and boycott conduct - discussion of agreed penalties and mention of propsed criminal penaltiesAustralian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLIIAustralian Competition and Consumer Commission v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 (2 November 2007)
Cartel penaltiesSeven Network Limited v News Limited [2007] FCA 1062 (27 July 2007) (The C7 case)
Boycotts/Exclusionary Provisions
- Rural Press Ltd v Australian Competition & Consumer Commission [2002] FCAFC 213 (16 July 2002) [Full Federal Court decision]
- ACCC v Rural Press Ltd (Includes Corrigendum dated 8 August 2001) [2001] FCA 1065 (7 August 2001) [Trial Judge - Federal Court]
- South Sydney District Rugby League Football Club Ltd v. News Ltd (2001) 111 FCR 456; [2001] FCA 862 (6 July 2001)
Full Federal Court Appeal - Deals with s 45's prohibition of exclusionary provisions in relation to South Sydney's exclusion from the national rugby competition .- South Sydney District Rugby League Football Club Ltd v. News Ltd [2000] FCA 1541 (3 November 2000)
Finn J: Deals with s 45's prohibition of exclusionary provisions in relation to South Sydney's exclusion from the national rugby competition in 2000. Overturned on appeal: South Sydney District Rugby League Football CLub Ltd v. News Ltd (2001) 111 FCR 456; [2001] FCA 862 (6 July 2001)- South Sydney District Rugby League Football CLub Ltd v. News Ltd [1999] FCA 1710 (9 December 1999)
Application for interlocutory injunction before Hely J in relation to South Sydney's exclusion from the national rugby competition in 2000.
Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002] FCAFC 197
Full Court appeal - before Black CJ, Heerey and Tamberlin JJ - appeal dismissed.
- Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056
First Instance: 6 August 2001 before Lindgren J. Deals with anti-competitive agreements, misuse of market power and exclusive dealing (also unconscionable conduct). Relates to provision of course materials as part of application fee to the Institute and the effect this had on other providers of support services. Decision affirmed on appeal (unanimous)
News Ltd v Australian Rugby League Ltd (No 2) (1996) 64 FCR 410 (4 October 1996)
The appeal from Burchett JNews Ltd v Australian Rugby League Ltd (1996) 58 FCR 447 (The Superleague Case)
Decision of Burchett J regarding creation of the Super League Rugby competition. Reversed on appealAustralian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLII
Misuse of Market Power
NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90 (High Court)
- Rural Press Ltd v Australian Competition & Consumer Commission [2002] FCAFC 213 (16 July 2002) [Full Federal Court decision]
- ACCC v Rural Press Ltd (Includes Corrigendum dated 8 August 2001) [2001] FCA 1065 (7 August 2001) [Trial Judge - Federal Court]
Boral Besser Masonry Limited (now Boral Masonry Ltd) v Australian Competition and Cons [2003] HCA 5 (7 February 2003)
High Court decision - appeal from full court finding that the appellants had engaged in predatory pricing in contravention of section 46 of the Trade Practices Act.
- Australian Competition & Consumer Commission v Boral Ltd (Inculdes Corrigendum dated 29 March 2001) [2001] FCA 30 (27 February 2001)
Full Federal Court judgment- Australian Competition & Consumer Commission v Boral Ltd [1999] FCA 1318 (22 September 1999)
Trial judgment of Heerey J- Competition and Price Cuts
Note on the Boral decision by Clayton Utz dated 23 February 2003Melway Publishing Pty Ltd v Robert Hicks Pty Ltd [2001] HCA 13
High Court: 15 March 2001. From AustLII - also available in RTF format. Appeal Allowed - deals with Misuse of Market Power
- Melway Publishing Pty Ltd v Robert Hicks Pty Ltd [1999] FCA 664
From AustLII - Full Court of the Federal Court: 25 May 1999. Before Justices Heerey, Sundberg and Finkelstein- Robert Hicks Pty Ltd (trading as Auto Fashions Australia) v Melway Publishing Pty Ltd [1998] 1379 FCA (30 October 1998)
From AustLII - first instance decision before Justice Merkel JMonroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002] FCAFC 197
Full Court appeal - before Black CJ, Heerey and Tamberlin JJ - appeal dismissed.
- Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056
First Instance: 6 August 2001 before Lindgren J. Deals with anti-competitive agreements, misuse of market power and exclusive dealing (also unconscionable conduct). Relates to provision of course materials as part of application fee to the Institute and the effect this had on other providers of support services. Decision affirmed on appeal (unanimous)News Ltd v Australian Rugby League Ltd (No 2) (1996) 64 FCR 410 (4 October 1996)
The appeal from Burchett JNews Ltd v Australian Rugby League Ltd (1996) 58 FCR 447 (The Superleague Case)
Decision of Burchett J regarding creation of the Super League Rugby competition. Reversed on appeal.NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90
Seven Network Limited v News Limited [2007] FCA 1062 (27 July 2007) (The C7 case)
Exclusive Dealing
Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From Findlaw - decided 28 June 2002 before Justice Goldberg. Deals with exclusionary provisions, anti-competitive agreements, price fixing, exclusive dealing, RPM
- Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From AustLIIMonroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002] FCAFC 197
Full Court appeal - before Black CJ, Heerey and Tamberlin JJ - appeal dismissed.
- Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056
First Instance: 6 August 2001 before Lindgren J. Deals with anti-competitive agreements, misuse of market power and exclusive dealing (also unconscionable conduct). Relates to provision of course materials as part of application fee to the Institute and the effect this had on other providers of support services. Decision affirmed on appeal (unanimous)
Resale Price Maintenance
Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
From Findlaw - decided 28 June 2002 before Justice Goldberg. Deals with exclusionary provisions, anti-competitive agreements, price fixing, exclusive dealing, RPM
Access Regime
NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90
Telstra Corporation Ltd [2001] ACompT 4 (7 December 2001)
At AustLII - Access Dispute
Collective Bargaining Notifications
