Australian Competition and Consumer Commission v Visy Paper Pty Ltd [2000] FCA 1640

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Visy Paper Pty Limited

[2000] FCA 1640

TRADE PRACTICES – offer to purchase waste paper subject to a condition that the seller not collect waste from purchaser's customers - whether an attempt to make a contract containing an exclusionary provision – whether s 45(2) of the Trade Practices Act 1974 (Cth) is not applicable to the purchaser's conduct by reason of s 45(6) – whether s 45(2)(a)(i) is applicable to a contract containing a condition requiring the vendor of waste paper not to supply services or acquire goods from purchaser's customers. TRADE PRACTICES – alleged attempt to contravene s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) by offering contract containing an exclusionary provision – whether attempt requires knowledge that the parties to the proposed contract are in competition with each other – whether offeror's belief that offeree's conduct is in breach of earlier contract negates the necessary intent – whether an attempt to induce a contravention of s 45(2)(a)(i).

Trade Practices Act 1974 (Cth), ss 4, 4D, 45(2), 45(6), 47(1), 47(4), 47(5), 47(10), 47(13), 76(1) 76(1A), 76(1B), 88(8), 93. Trade Practices Amendment Act 1977 (Cth). Trade Practices Revision Act 1986 (Cth).

Jones v Dunkel (1959) 101 CLR 298, cited. News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410, cited. South Sydney District Rugby League Football Club Ltd v News Ltd (1999) 169 ALR 120, considered. Tradestock Pty Ltd v TNT (Management) Pty Ltd (No 2) (1978) 32 FLR 420, cited. Trade Practices Commission v TNT Management Pty Ltd (1985) 6 FCR 1, cited. Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd (1985) 7 FCR 499, cited. Beckwith v the Queen (1976) 135 CLR 569, cited. Waugh v Kippen (1986) 160 CLR 156, cited. Dowling v Dalgety Australian Ltd (1992) 34 FCR 109, cited. Stokely-Van Camp Inc v New Generation Beverages (1998) 44 NSWLR 607, cited. ASX Operations Pty Ltd v Pont Data Australian Pty Ltd (No 1) (1990) 27 FCR 460, cited. Trade Practices Commission v Tubemakers of Australia Ltd (1983) 47 ALR 719, applied. Australian Competition and Consumer Commission v Amcor Printing Papers Group Ltd (2000) 169 ALR 344, cited. Georgianni v the Queen (1985) 156 CLR 473, cited. Knight v the Queen (1992) 175 CLR 495, cited. Queensland Wire Industries Pty Ltd v The Broken Hill Proprietary Company Ltd (1989) 167 CLR 177, cited. Trade Practices Commission v Parkfield Operations Pty Ltd (1985) 7 FCR 534, cited. Trade Practices Commission v Mobil Oil Australia Ltd (1984) 3 FCR 168, cited.