Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2006] FCA 1034

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2006] FCA 1034

The respondents, by entering into deeds and by giving effect to their provisions, engaged in conduct that had the substantial purpose of substantially lessening, preventing or hindering competition in relevant retail liquor markets, in contravention of s 45 of the Trade Practices Act 1974 (Cth); and certain provisions constituted exclusionary provisions falling foul of s 4D and s 45.

Jurisdiction
Australia
Judgment Date
11 August 2006
Procedural Posture
Civil / Post Judgment; Orders and Directions Pending Penalty Hearing
Outcome
Declarations made against the respondents for contraventions of s 45 of the Trade Practices Act; penalty and relief hearing adjourned; costs awarded to applicant; orders and directions given.
Legal Topics
['anticompetitive Conduct' 'exclusionary Provisions' 'retail Liquor Markets' 'trade Practices Act S 45']
['competition Law' 'commercial Law'] ['anticompetitive Conduct' 'exclusionary Provisions' 'retail Liquor Markets' 'trade Practices Act S 45']

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Procedural Posture

Civil / Post Judgment; Orders and Directions Pending Penalty Hearing

Legal Issues

  1. 1 ['Whether the respondents engaged in conduct that substantially lessened, prevented or hindered competition in retail liquor markets' 'Whether exclusionary provisions within deeds contravened section 45 of the Trade Practices Act 1974 (Cth)']

Ratio Decidendi

The respondents, by entering into deeds and by giving effect to their provisions, engaged in conduct that had the substantial purpose of substantially lessening, preventing or hindering competition in relevant retail liquor markets, in contravention of s 45 of the Trade Practices Act 1974 (Cth); and certain provisions constituted exclusionary provisions falling foul of s 4D and s 45.

Court Disposition

Declarations made against the respondents for contraventions of s 45 of the Trade Practices Act; penalty and relief hearing adjourned; costs awarded to applicant; orders and directions given.

Orders

  • ['Declaration that respondents contravened s 45(2)(a)(ii), s 45(2)(b)(ii), s 45(2)(a)(i), and s 45(2)(b)(i) of the Act in relation to Jin Ro, Ettamogah, Palms Village, and Global Beer deeds' 'Penalty and any other relief to be determined separately from all other issues' 'Time for filing notice of appeal extended...