Tytel Pty Ltd & Ors v Australian Telecommunications Commission [1986] FCA 259

Tytel Pty Ltd & Ors v Australian Telecommunications Commission [1986] FCA 259

There was a serious question to be tried as to whether the respondent, being treated as a corporation and being in a position substantially to control the market for premium telephones and the broader telecommunications services market, took advantage of that power for a proscribed purpose when pricing the Versatel. However, the interlocutory injunction was refused because the balance of convenience did not favour price-regulating relief: the Court was not satisfied that damages would be inadequate, was not satisfied that the current $399 price was improper, and considered that fixing prices before trial would not serve the public interest or practically balance the parties' rights.

Jurisdiction
Australia
Judgment Date
07 July 1986
Procedural Posture
Application for Interlocutory Injunction in Proceedings Alleging Contraventions of the Trade Practices Act 1974 and General Law / Interlocutory Application
Outcome
Application for interlocutory injunction refused.
Legal Topics
['misuse of Market Power' 'premium Business Telephones' 'relevant Market' 'substantial Control of a Market' 'balance of Convenience' 'adequacy of Damages' 'public Interest']
['trade Practices' 'competition Law' 'interlocutory Injunctions' 'telecommunications'] ['misuse of Market Power' 'premium Business Telephones' 'relevant Market' 'substantial Control of a Market' 'balance of Convenience' 'adequacy of Damages' 'public Interest']

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Procedural Posture

Application for Interlocutory Injunction in Proceedings Alleging Contraventions of the Trade Practices Act 1974 and General Law / Interlocutory Application

Legal Issues

  1. 1 ['Whether the respondent was to be treated as a corporation for the purposes of s.46(1) of the Trade Practices Act 1974.' 'Whether there was a relevant market for goods or services, including the market for premium telephones and the market for telecommunications services.' 'Whether the respondent was in a position substantially to control a relevant market.' 'Whether the respondent took advantage of market power for a purpose specified in s.46(1)(a) or s.46(1)(c).' 'Whether there was a serious question to be tried on the alleged contravention of s.46(1).' 'Whether the balance of convenience, including the public interest and adequacy of damages, justified an interlocutory injunction regulating the price at which the Versatel telephone could be sold.']

Ratio Decidendi

There was a serious question to be tried as to whether the respondent, being treated as a corporation and being in a position substantially to control the market for premium telephones and the broader telecommunications services market, took advantage of that power for a proscribed purpose when pricing the Versatel. However, the interlocutory injunction was refused because the balance of convenience did not favour price-regulating relief: the Court was not satisfied that damages would be inadequate, was not satisfied that the current $399 price was improper, and considered that fixing prices before trial would not serve the public interest or practically balance the parties' rights.

Court Disposition

Application for interlocutory injunction refused.

Orders

  • ['The application for an interlocutory injunction is refused.' 'The respondent is to retain and make available to the solicitors for the applicants records showing the quantities of telephones sold until trial, together with the dates of sale and the prices at which the sales occur.']