Australian Competition & Consumer Commission v Rural Press Limited [2001] FCA 116

Australian Competition & Consumer Commission v Rural Press Limited [2001] FCA 116

The court found that Rural Press Limited and Bridge Printing Office Pty Ltd contravened sections 45 and 46 of the Trade Practices Act 1974 (Cth) by entering into and giving effect to an arrangement containing an exclusionary provision and with the purpose and effect of substantially lessening competition in the Murray Bridge regional newspapers market. The arrangement was established by communications, threats, and the quid pro quo withdrawal of River News from Mannum in exchange for Rural Press not entering the Riverland with a competing newspaper. Market power and resources were significant factors. Officers (Law, McAuliffe, PT, DT) were knowingly concerned in the contraventions.

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
01 March 2001
Procedural Posture
Civil / Judgment
Outcome
Declarations made of contraventions of sections 45 and 46 by Rural Press Limited, Bridge Printing Office Pty Ltd and Waikerie Printing House Pty Ltd. Law, McAuliffe, PT held knowingly concerned or party to contraventions. No order regarding DT due to notice of death. Further hearing to be fixed for other orders and...
Legal Topics
Section 45 and 46 Trade Practices Act, Exclusionary Provisions, Substantial Lessening of Competition, Market Definition, Market Power, Accessory Liability Under S 75 B
Competition Law Section 45 and 46 Trade Practices Act Exclusionary Provisions Substantial Lessening of Competition Market Definition Market Power Accessory Liability Under S 75 B

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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 / Judgment

Legal Issues

  1. 1 Whether Rural Press Limited and Bridge Printing Office Pty Ltd contravened sections 45 and 46 of the Trade Practices Act 1974 (Cth)
  2. 2 Whether the withdrawal of the River News from Mannum was pursuant to an anti-competitive arrangement or understanding
  3. 3 What constitutes an exclusionary provision under s 4D

Ratio Decidendi

The court found that Rural Press Limited and Bridge Printing Office Pty Ltd contravened sections 45 and 46 of the Trade Practices Act 1974 (Cth) by entering into and giving effect to an arrangement containing an exclusionary provision and with the purpose and effect of substantially lessening competition in the Murray Bridge regional newspapers market. The arrangement was established by communications, threats, and the quid pro quo withdrawal of River News from Mannum in exchange for Rural Press not entering the Riverland with a competing newspaper. Market power and resources were significant factors. Officers (Law, McAuliffe, PT, DT) were knowingly concerned in the contraventions.

Court Disposition

Declarations made of contraventions of sections 45 and 46 by Rural Press Limited, Bridge Printing Office Pty Ltd and Waikerie Printing House Pty Ltd. Law, McAuliffe, PT held knowingly concerned or party to contraventions. No order regarding DT due to notice of death. Further hearing to be fixed for other orders and...

Orders

  • Declarations of contraventions of s 45(2)(a)(i), (ii), s 45(2)(b)(i), (ii), and s 46(1)(a), (c) Trade Practices Act 1974 (Cth) against Rural Press, Bridge, and Waikerie Printing.
  • Declarations Law, McAuliffe, PT knowingly concerned in contraventions under s 75B.