Radio 2UE Sydney Pty Ltd v Stero FM Pty Ltd & 2DAY FM Ltd [1982] FCA 223
The arrangement to use a combined advertising rate card between the respondents did not have the purpose or effect of substantially lessening competition nor did it fix or maintain prices for the purposes of s. 45 or s 45A of the Trade Practices Act; rather, it slightly improved competition in the relevant market.
- Parties
- Applicant: Radio 2UE Sydney Pty. Limited; First Respondent: Stereo F.M. Pty. Limited; Second Respondent: 2 Day-FM Limited
- Jurisdiction
- Australia
- Judgment Date
- 15 October 1982
- Procedural Posture
- Application / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Trade Practices, Restraint of Trade, Price Fixing, Substantial Lessening of Competition
Case Brief
Summary, issues, holding and outcome
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Parties
Radio 2UE Sydney Pty. Limited
Applicant
Stereo F.M. Pty. Limited
First Respondent
2 Day-FM Limited
Second Respondent
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether a combined advertising rate card arrangement between two radio stations contravenes s. 45 or s. 45A of the Trade Practices Act by having the purpose or effect of substantially lessening competition or fixing/maintaining prices.
Ratio Decidendi
The arrangement to use a combined advertising rate card between the respondents did not have the purpose or effect of substantially lessening competition nor did it fix or maintain prices for the purposes of s. 45 or s 45A of the Trade Practices Act; rather, it slightly improved competition in the relevant market.
Court Disposition
Application dismissed
Orders
- The application be dismissed.
- The applicant pay the costs of the respondents.
Full Case Text
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