Trade Practices Commission v Email Ltd & Anor [1980] FCA 107

10]

Trade Practices - Arrangement or understanding in restraint of

CATCHWORDS

trade - having effect of substantially lessening competition - whether arrangement or understanding may be inferred from circumstantial evidence only - whether mutual exchange of

price lists between competitors constitutes communication necessary to give rise to the meeting of minds essential to

an arrangement or understanding - whether necessary to establish reciprocity -af dhligations for arrangement or understanding — conduct of sempetibors in -exchanging price lists and tendering at same prices explicable by market situation and commercial reasons, and insufficient to establish arrangement or understanding. Trade Practices Act 1974 (Cth.)ss. 45 (2) (b) (ii); 76; 80. TRADE PRACTICES COMMISSION v. EMAIL LIMITED and ANOTHER LOCKHART J.

Monday 4 August 1980

At Sydney

No. G92 of 1978

IN THE FEDERAL COURT OF AUSTRALIA

} No. G92 of 1978 GENERAL DIVISION )

IN THE MATTER OF THE TRADE PRACTICES ACT 1974

BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: EMAIL LIMITED and ANOTHER ; Respondents ORDER JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: MONDAY 4 AUGUST 1980 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding be dismissed 2. The Commission pay the costs of both respondents including

« reserved costs.

IN THE FEDERAL COURT OF AUSTRALIA ' on C«*YONO. GG 92 Of 1978 GENERAL DIVISION )

IN_THE MATTER OF THE TRADE PRACTICES ACT 1974 BETWEEN: TRADE PRACTICES COMMISSION

Applicant

EMAIL LIMITED and ANOTHER

Respondents

REASONS FOR JUDGMENT LOCKHART J.

Ain Cusagul 1980

At Sydney

Trade Practices Commission ("the Commission") sues Email Limited ("Email") and Warburton Franki (Sydney) Pty. Limited ("Warburton Franki') to recover, on behalf of the Commonweaith, pecuniary penalties pursuant to s. 76 of the Trade Practices Act ("the Act") and for injunctions pursuant to s. 80.