Australian Competition & Consumer Commission v Rural Press Limited (No 4) [2001] FCA 381

Australian Competition & Consumer Commission v Rural Press Limited (No 4) [2001] FCA 381

The court granted injunctive and declaratory relief against the respondents in terms that reflected only the conduct found to contravene ss 45 and 46 of the Trade Practices Act 1974 (Cth), declining to extend the relief to cover acts of 'substantially damaging' a competitor where such purpose was not established by evidence.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Rural Press Limited (ACN 000 010 382); Second Respondent: Bridge Printing Office Pty Limited (ACN 007 547 024); Third Respondent: Ian Law; Fourth Respondent: Trevor McAuliffe; Fifth Respondent: Waikerie Printing House Pty Limited (ACN 007 623 270); Sixth Respondent: Paul Taylor; Seventh Respondent: Darnley Taylor
Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Civil / Post Liability, Pre Penalty, Making Injunctive and Declaratory Orders
Outcome
Injunctive and declaratory relief granted against the respondents; penalty determination adjourned.
Legal Topics
Misuse of Market Power, Exclusionary Provisions, Anti Competitive Conduct, Injunctions, Declarations
Competition Law Misuse of Market Power Exclusionary Provisions Anti Competitive Conduct Injunctions Declarations

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Parties

Australian Competition & Consumer Commission

Applicant

Rural Press Limited (ACN 000 010 382)

First Respondent

Bridge Printing Office Pty Limited (ACN 007 547 024)

Second Respondent

Ian Law

Third Respondent

Trevor McAuliffe

Fourth Respondent

Waikerie Printing House Pty Limited (ACN 007 623 270)

Fifth Respondent

Paul Taylor

Sixth Respondent

Darnley Taylor

Seventh Respondent

Procedural Posture

Civil / Post Liability, Pre Penalty, Making Injunctive and Declaratory Orders

Legal Issues

  1. 1 Whether the first and second respondents contravened section 46 of the Trade Practices Act 1974 (Cth) by misuse of market power
  2. 2 Whether the respondents entered into and gave effect to an arrangement with exclusionary provisions contrary to section 45 of the Trade Practices Act 1974 (Cth)
  3. 3 Proper scope of injunctive relief to restrain future contraventions

Ratio Decidendi

The court granted injunctive and declaratory relief against the respondents in terms that reflected only the conduct found to contravene ss 45 and 46 of the Trade Practices Act 1974 (Cth), declining to extend the relief to cover acts of 'substantially damaging' a competitor where such purpose was not established by evidence.

Court Disposition

Injunctive and declaratory relief granted against the respondents; penalty determination adjourned.

Orders

  • Declarations of contraventions of ss 45 and 46 of the Trade Practices Act 1974 (Cth) against certain respondents.
  • Injunctions restraining the first and second respondents from specified conduct for three years.