Federal Court of Australia
7 tye
CATCHWORDS
Trade Practices - Exclusive Dealing - Price Discrimination - Discount conditional on acquisition of all or substantial majority of goods from supplier - Whether competition substantially lessened ~- Identification of Markets - Meaning of
"competition", "discriminate", "market" and "substantially" -
Resale Price Maintenance - Arrangement affecting competition.
Trade Practices Act 1974 - secns. 4, 4C, 4G, 45, 47, 48, 49, 80, 82.
Q'BRIEN GLASS INDUSTRIES LIMITED v. COOL and SONS PTY. LIMITED trading as WAGGA WINDSCREEN SERVICE
No. G94 of 1981
Fox, Franki and Sheppard JJ. 18 August 1983.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH-WALES DISTRICT REGISTRY
GENERAL DIVISTON
No. G94 of 1981
On appeal from a single Judce of the Federal Court of
Australia
BETWEEN :
O'BRIEN GLASS INDUSTRIES LIMITED
Appellant AND: COOL & SONS PTY. LIMITED
trading as Wagga Windscreen Service
Respondent ORDER JUDGES: Fox, Franki and Sheppard JJ. DATE OF ORDER: 18 August 1983. WHERE MADE: Sydney THE COURT ORDERS THAT: l. The orders made ov kesly J. oni? Juivy 1981 and Z4 December 1991 be varisd as fcliows (a) The injunctions pe dissolved; (b) The award of damages 52 yrsquced to
$3,500.
Zz.
3.
i en a ee ee ee ee
Otherwise the appeal be dismissed.
The appellant pay one half of the respondent's costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NO. G94 OF 1981
GENERAL DIVISTON
On appeal from a single Judae of _ the Federal Court of Australia
BETWEEN:
0' BRIEN GLASS INDUSTRIES LIMITED
Appellant
AND:
COOL & SONS PTY. LIMITED trading as Wagga Windscreen Service
Respondent
CORAM: FOX, FRANKI and SHEPPARD JJ.
REASONS FOR JUDGMENT
FOX J.
This is an appeal from a judament of a Judge of this Court (Keely J.) ain which he ordered under $.80 of the Trade Practices Act. 1974 (hereinafter referred to as "the Act") thar
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