Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 1387

Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 1387

Rules and Rules of Practice of REIWA, including Rule 39 and specific Rules of Practice, constituted exclusionary provisions, and had or were likely to have the effect of substantially lessening competition in relevant Western Australian markets. The copyright licence agreements with TAFE colleges included price fixing clauses and substantially lessened competition. Admissions and consent supported findings of contravention of multiple sections of the Trade Practices Act. Injunctive and declaratory relief, compliance program, and notification/publicity orders were appropriate and within the Court's power.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Real Estate Institute of Western Australia Incorporated; Second Respondent: Michael Griffith; Third Respondent: South West Regional College of TAFE; Fourth Respondent: West Coast College of TAFE; Fifth Respondent: Conal Patrick O'Toole; First Cross Respondent: Corser & Corser; Second Cross Respondent: Conal Patrick O'Toole
Jurisdiction
Australia
Judgment Date
08 October 1999
Procedural Posture
Civil / Final Judgment on Consent Orders
Outcome
Declarations of contravention, injunctions granted, compliance program ordered, costs awarded, and cross-claim discontinued as per consent.
Legal Topics
Exclusionary Provisions, Price Fixing, Substantial Lessening of Competition, Anti Competitive Conduct, Compliance Programs, Injunctive Relief
Competition Law Trade Practices Exclusionary Provisions Price Fixing Substantial Lessening of Competition Anti Competitive Conduct Compliance Programs Injunctive Relief

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Parties

Australian Competition and Consumer Commission

Applicant

Real Estate Institute of Western Australia Incorporated

First Respondent

Michael Griffith

Second Respondent

South West Regional College of TAFE

Third Respondent

West Coast College of TAFE

Fourth Respondent

Conal Patrick O'Toole

Fifth Respondent

Corser & Corser

First Cross Respondent

Conal Patrick O'Toole

Second Cross Respondent

Procedural Posture

Civil / Final Judgment on Consent Orders

Legal Issues

  1. 1 Whether rules of REIWA and its Rules of Practice constituted exclusionary provisions or provisions substantially lessening competition
  2. 2 Whether clauses in copyright licence agreements constituted price fixing and lessening competition
  3. 3 Whether REIWA, its director, and others contravened the Trade Practices Act through certain conduct

Ratio Decidendi

Rules and Rules of Practice of REIWA, including Rule 39 and specific Rules of Practice, constituted exclusionary provisions, and had or were likely to have the effect of substantially lessening competition in relevant Western Australian markets. The copyright licence agreements with TAFE colleges included price fixing clauses and substantially lessened competition. Admissions and consent supported findings of contravention of multiple sections of the Trade Practices Act. Injunctive and declaratory relief, compliance program, and notification/publicity orders were appropriate and within the Court's power.

Court Disposition

Declarations of contravention, injunctions granted, compliance program ordered, costs awarded, and cross-claim discontinued as per consent.

Orders

  • Declaration that the REIWA Rules and Rules of Practice constitute contracts or arrangements with exclusionary provisions contrary to Trade Practices Act.
  • Declaration that Rule 39 and specified Rules of Practice had or were likely to have the effect of substantially lessening competition.