Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 1387

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 1387

TRADE AND COMMERCE – trade practices – exclusionary provisions – contract, agreement or understanding substantially lessening competition in a market – unlawful price fixing – anti-competitive provisions of Rules of Real Estate Institute – contraventions of Act conceded – consent orders – injunctive relief – deterrent publicity notices – compliance programs – Trade Practices Act 1974 (Cth) ss 45(2), 80 Trade Practices Act 1974 (Cth) ss 45(2), 80 Federal Court of Australia Act Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79, cited Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 148 ALR 339, followed Australian Competition and Consumer Commission v Office Link (Aust) Pty Ltd (1997) ATPR 41-598 Janssen Pharmaceutical Pty Ltd v Pfizer Pty Ltd (1986) ATPR 40-654, cited Hospitals Contribution Fund of Australia Ltd v Switzerland Australia Health Fund Pty Ltd (1988) 78 ALR 483, followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA INCORPORATED, MICHAEL GRIFFITH, SOUTH WEST REGIONAL COLLEGE OF TAFE, WEST COAST COLLEGE OF TAFE, CONAL PATRICK O'TOOLE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA INCORPORATED and MICHAEL GRIFFITH v CORSER & CORSER and CONAL PATRICK O'TOOLE WAG 71 OF 1998 FRENCH J 8 OCTOBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 71 OF 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA INCORPORATED

First Respondent

MICHAEL GRIFFITH