Trade Practices Commission v Bata Shoe Co of Australia Pty Ltd [1980] FCA 24

ne be i \ ' k CATCHWORDS Trade Practices ~- resale price maintenance -—- footwear wholesale -

refusal to supply - agent for respondent conveying communications

to retailer - whether agent acting within the scope of its

authority - whether respondent withholding supply because of

retailers' lack of proper seating and fitting facilities for

footwear at retail stores or because respondent feared retailer

would sell or be likely to sell footwear at a price less than

the price which the respondent had through its agent specified

to the retailer as being the price below which the footwear

was not to be sold

Trade Practices Act, 1974 (Cth.) ss. 96 (3) (a), (b), (a) (1) ana (a1); (£), (6).

THE TRADE PRACTICES ACT 1974 BETWEEN: TRADE PRACTICES COMMLSS1ON

Applicant AND: BATA SHOR COMPANY OF

AUSTRALIA PTY. LIMITED Respondent

NO. G 16 OF 1979 LOCKHART J. AT SYDNEY

12 MARCH 1980

IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )

NO. G 16 OF 1979 IN THE MATTER OF

THE TRADE PRACTICES ACT 1974 BETWEEN

TRADE PRACTICES COMMISSION

APPLICANT

BATA SHOE COMPANY OF AUSTRALIA PTx.

RESPONDENT REASONS FOR JUDGMENT

fe Murch '1980 LOCKHART J.

The applicant seeks injunctions to restrain the

respondent from engaging in the practice of resale price maintenance contrary to s. 48 of the Trade Practices Act 1974 ("the Act"), and to recover, on behalf of the Commonwealth of

Australia, pecuniary penalties.

The respondent carries on business as a manufacturer, importer and wholesaler of leather footwear and polyvinyl chloride footwear, marketed under the trade name

"Bata". Adnam and Pockley Pty. Limited ("Adnam and Pockley")

LIMITED

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is the agent of the respondent for the purpose of selling its

footwear by wholesale in New South Wales.

The applicant alleges that the respondent has

engaged, and continues to engage, in the practice of resale