Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd & Anor [1983] FCA 131

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CATCHWORDS

TRADE PRACTICES - whether arrangement amounted to price fixing - Agreement between two competing companies to offer joint

advertising at combined rates.

Trade Practices Act 1974 (Cth) ss.45, 45A.

RADIO 2UE SYDNEY PTY. LIMITED v STEREO F.M. PTY. LIMITED

and Anor.

No. G200 of 1982 °

WOODWARD, NORTHROP and SHEPPARD JJ. SYDNEY

4% JULY 1983

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G200 of 1982

) GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RADIO 2UE SYDNEY PTY. LIMITED Appellant and STEREO F.M. PTY. LIMITED First Respondent and 2 DAY-~-FM LIMITED Second Respondent ORDER

JUDGES MAKING ORDER: Woodward, Northrop and Sheppard JJ. WHERE MADE: SYDNEY |

DATE: 12 JULY 1983

'

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs.

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IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G200 of 1982 ) )

GENERAL DIVISION

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : RADIO 2UE SYDNEY PTY. LIMITED Appellant and STEREO F.M. PTY. LIMITED First Respondent and 2 DAY-FM LIMITED Second Respondent

CORAM: Woodward, Northrop and Sheppard Ju. DATE: 12 JULY, 1983

REASONS FOR JUDGMENT

WOODWARD, NORTHROP and SHEPPARD JJ.

The two respondents to this appeal are Sydney FM radio stations. They wish to offer potential advertisers a joint service, by which those advertisers can engage batches of advertising time on both stations with a single telephone call and

delivery of a single tape-recording of the advertisement.

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When they began to put such an arrangement into operation early last year, by distributing to advertisers a document called "Combined Sydney FM Ratecard" ("the combined card"), the appellant applied to this Court for injunctions