Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tony J Boulos Pty Ltd v BP Australia Ltd [1999] FCA 531
PRICE DISCRIMINATION – price support scheme in the petroleum industry – whether schemes unlawful – whether discrimination was in good faith to assist a franchisee to meet a price or benefit offered by a competitor – "good faith" – "to assist". ESTOPPEL – collateral contract - whether alleged representations sufficiently particular. COSTS – whether the litigation was a "test" case. Petroleum Retail Marketing Franchise Act 1980 (Cth), ss 20(1), (2), (5) Robinson-Patman Act (US), s 13(a), (b). Falls City Industries v Vanco Beverage 460 US 428 (1983), cited FTC v National Lead Co 352 US 419 (1957), cited FTC v Cement Institute 333 US 683 (1948), cited FTC v A E Staley 324 US 746 (1945), cited In the matter of Purolator Products Inc 65 FTC 8 (1964), cited Purolator Products Inc v Federal Trade Commission 352 F 2d 874 (1965), cited Standard Oil Co v Federal Trade Commission 233 F 2d 649 (1956), considered Standard Oil Co v Federal Trade Commission 340 US 231 (1951), cited Federal Trade Commission v Standard Oil Co 355 US 396 (1958), cited Federal Trade Commission v Anheuser-Busch Inc 363 US 536 (1960), considered Federal Trade Commission v Sun Oil Co 371 US 505 (1963), considered Niehoff v Federal Trade Commission 241 F 3d 37 (1957), cited BP Australia Ltd v Trade Practices Commission (1986) 12 FCR 118, considered Cannane v J Cannane Pty Ltd (1998) 192 CLR 557, considered Mid Density Developments v Rockdale Municipal Council (1993) 44 FCR 290, considered Cbew v The Queen (1991-92) 173 CLR 626, considered
TONY J BOULOS PTY LIMITED V BP AUSTRALIA LIMITED
NG 749 OF 1998 JUDGES: BEAUMONT, O'CONNOR & DOWSETT JJ. DATE: 30 APRIL 1999 PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 749 OF 1998
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