Trade Practices Commission v Massey Ferguson (Australia) Ltd [1983] FCA 164
The respondent contravened s.47(1) of the Trade Practices Act through deliberate acts of exclusive dealing likely to substantially lessen competition, admitted liability, and appropriate penalty is determined taking into account likelihood rather than proven effect, efforts at compliance, management changes, and financial difficulties.
- Parties
- Applicant: Trade Practices Commission; Respondent: Massey Ferguson (Australia) Limited
- Jurisdiction
- Australia
- Judgment Date
- 29 June 1983
- Procedural Posture
- Civil Penalty Proceeding / Judgment
- Outcome
- Pecuniary penalty imposed
- Legal Topics
- Exclusive Dealing, Substantial Lessening of Competition, Trade Practices Act Penalties
Case Brief
Summary, issues, holding and outcome
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Parties
Trade Practices Commission
Applicant
Massey Ferguson (Australia) Limited
Respondent
Procedural Posture
Civil Penalty Proceeding / Judgment
Legal Issues
- 1 Whether the respondent contravened s.47(1) of the Trade Practices Act 1974 through exclusive dealing likely to substantially lessen competition
- 2 Appropriate penalty under s.76 for contravening provisions of Part IV of the Trade Practices Act
Ratio Decidendi
The respondent contravened s.47(1) of the Trade Practices Act through deliberate acts of exclusive dealing likely to substantially lessen competition, admitted liability, and appropriate penalty is determined taking into account likelihood rather than proven effect, efforts at compliance, management changes, and financial difficulties.
Court Disposition
Pecuniary penalty imposed
Orders
- Respondent ordered to pay penalty of $40,000
- Costs in favour of the Commission
Full Case Text
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