Trade Practices Commission v Nicholas Enterprises Pty Ltd & Ors [1979] FCA 96

ATCHWORODS

ie]

Trade practices - price fixing - submission of no case to answer - prima facile case - admissibility of directors

acts against company - power of director to bind company.

Trade practices —- price fixing - meaniny of "arrive at

Wwe an understanding" - circumstantial evidence - object facts frorrn unven which inference of understanding might be drawn - fazlure of defendant to give evidence - parallel behaviour by defendants - admissibility of responses to s.155 notices — admissibility of darector's acts - burden of proof - relevant

market - meaning of "competition" -

Trade Practices Act 1974, ss.45(2)(a)(21), 45(2)(b)(12),

45(3), 45A(1), 76, 84(2), 155.

TRADE PRACTICES COMMISSION v NICHOLAS EWTERPRISES PTY. LIMITED SATURNO HOLDINGS PTY. LIMITED REX_FREEBOLD PTY. LIMITED MORPHETT ARMS HOTEL PTY. LIMITED LION BUS CO. PTY. LIMITED MERIT NOMINEBS PTY. LIMITED

GENERAL DEVELOPMENT CORPORATION PTY. LIMITED

AGETT NOMINEES PTY. LIMITED

No. G3 of 1978

CORAM: Fisher J.

Adelaide

7 September 1979.

eee ee ee

CATCHWORDS

Trade practices - price fixing - submission of no case to answer - prima facie case ~ admissibility of directors acts against company - power of director to bind company.

"arrive at

Trade practices - price fixing - meaning of an understanding" - circumstantial evidence - objective facts from which inference of understanding might be drawn - failure of defendant to give evidence - parallel behaviour by defendants - admissibility of responses

to s.155 notices - admissibility of director's acts -

burden of proof - relevant market - meaning of

"competition" -

Trade Practices Act 1974, ss.45(2) (a) (ii), 45(2) (b) (ii),

45(3), 45A(1), 76, 84(2), 155.

TRADE PRACTICES COMMISSION v NICHOLAS ENTERPRISES PTY.LIMITED SATURNO HOLDINGS PTY. LIMITED REX FREEHOLD PTY. LIMITED MORPHETT ARMS HOTEL PTY. LIMITED LION BUS CO. PTY. LIMITED MERIT NOMINEES PTY. LIMITED