Australian Competition & Consumer Commission v Sony Music Entertainment (Australia) Ltd [2000] FCA 646

Documents relating to ARIA's anti-parallel importing campaign are relevant as they pertain to the alleged purpose of respondents to substantially lessen competition; wide discovery request on visual images in sound recordings is overly broad and not relevant as currently framed.

Jurisdiction: Australia
Judgment Date: 10 May 2000
Procedural Posture: Motions / Ruling on Motions for Discovery/subpoena
Outcome: Motion by ARIA dismissed; Paragraph 30 of MIPI's discovery struck out; costs orders made.
Legal Topics: ['discovery' 'relevance' 'parallel Importing' 'market Power']

['competition Law' 'copyright Law'] ['discovery' 'relevance' 'parallel Importing' 'market Power']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Motions / Ruling on Motions for Discovery/subpoena

Legal Issues

1 ["Whether documents relating to ARIA's campaign against parallel importing are relevant and discoverable" 'Whether documents regarding embodiment of cinematographic films or visual images in sound recordings are relevant and discoverable']

Ratio Decidendi

Court Disposition

Motion by ARIA dismissed; Paragraph 30 of MIPI's discovery struck out; costs orders made.

Orders

['ARIA motion dismissed' 'ARIA to pay costs of its motion' "Applicant to pay MIPI's costs for this morning; remaining costs in proceedings" "Paragraph 30 of MIPI's notice of discovery dated 1 May 2000 struck out"]