Application by the Australian Consumers Association to the Trade Practices Tribunal [1987] FCA 788

wn HW NP

'

Rou BS

IN THE TRADE PRACTICES TRIBUNAL

' No. NSW 1 of 1986

IN THE MATTER OF AN APPLICATION BY THE AUSTRALIAN CONSUMERS'

' ASSOCIATION TO THE TRADE PRACTICES TRIBUNAL FOR THE REVIEW OF THE TRADE PRACTICES COMMISSION AUTHORIZATION OF CERTAIN CODES OF THE MEDIA

COUNCIL OF AUSTRALIA. INDEX

INTRODUCTION PARTICIPANTS AND WITNESSES

PREVIOUS AUTHORIZATIONS

THE APPLICATIONS OF THE MCA FOR AUTHORIZATION

OF THE PRESENT CODES

RELEVANT LAW - SCOPE OF THE APPLICATION AND STATUTORY TEST

THE CASES OF THE MEDIA COUNCIL AND THE ACA

6.1 The Media Council's Case

The ACA's Case

The Clash of Values

oO N

CODES AND THE SELF REGULATION SYSTEM

General

The wider regulatory context

The System of Codes

System governance

Code review and revision

Clearance procedures

Advertising Tribunals

Penalties and appeals

Table of representation on the Media Council''s system bodies

ee

i ee) WOR PWNE TY w

CODES Broad structure of the Codes Relationship to the law Precision and generality in drafting Procedural provisions The international context B.5.1 Self regulation in other countries 8.5.2 Remarks

nnmnowmaH O PUNE EY

THE ADVERTISING INDUSTRY AND THE MARKET

FOR ADVERTISING MESSAGES 9.1 Advertising and its role in society 9.2 The advertising industry and the

identification of relevant markets 9.3 Features of the market for advertising messages

Ope 212325283034393424548 49 S51

on RYT om ee ene we eo . .

arespeooé

10.

lL.

12. 13.

14.

13.

MARKET POWER, PRIVATE REGULATION AND ANTI-COMPETITIVE EFFECT.

10.1 The media "bottleneck"

10.2 Accreditation 10.3 Coverage and organization of the system 10.4 Private regulation and anti-competitive

effect

THE TRIBUNAL'S APPROACH TO THE ASSESSMENT OF BENEFIT AND DETRIMENT

11.1 Classification of the Codes 11.2 The approach to assessing benefits 11.3 Sources of potential detriment

BENEFIT /DETRIMENT FOR CODE-RULES REFLECTING LAWS