Trade Practices Commission v. T.N.T. Management Pty Ltd & Ors [1985] FCA 19

29 Eagpee

CATCHWORDS

TRADE PRACTICES - Agreement or understanding by carrier of goods not to deal with broker or consultant - Whether agreement or understanding made - Whether within restraint of trade and commerce provisions before 1 July 1977 - Whether agreement or understanding given effect to before or after 1 duly 1977 - Exclusionary provision - Substantial lessening of competition in a market - The role of economic evidence - Whether Trade Practices Commission can commence action after

1 July 1977 for contravention before that Act.

Trade Practices Act 1974 - s. 45. Trade Practices Amendment Act 1977 - ss. 8, 25.

TRADE PRACTICES COMMISSION v. T.N.T. MANAGEMENT PTY. LIMITED and OTHERS

No. G44 of 1978

Franki J.

12 February 1985

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION )

No. G44 of 1978

BETWEEN :

TRADE PRACTICES COMMISSION Plaintiff

AND:

T.N.T. MANAGEMENT PTY. LIMITED First Defendant AND: BRAMBLES HOLDINGS LIMITED Second Defendant AND: MAYNE NICKLESS LIMITED Third Defendant AND: YOUNGS TRANSPORT PTY. LIMITED Fourth Defendant AND:

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LIMITED

Fifth Defendant AND: EXPRESS FREIGHT PTY. LIMITED Sixth Defendant

JUDGE: Franki Jd.

ASSOCIATED STEAMSHIPS PTY. LIMITED

Seventh Defendant AND:

ESLEA HOLDINGS LIMITED, formerly Ipec Holdings Limited

Eighth Defendant AND: ROADSWIFT TRANSPORT PTY. LIMITED, formerly Interstate Parcel Express Co. Pty. Limited

Ninth Defendant

ORDER

DATE OF ORDER: 12 February 1985

WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. The proceedings be dismissed.

2. The question of costs is reserved.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISTON

Between:

TRADE PRACTICES COMMISSION

-and- T.N.T. MANAGEMENT PTY. LIMITED BRAMBLES HOLDINGS LIMITED MAYNE NICKLESS LIMITED YOUNGS TRANSPORT PTY. LIMITED