Australian Competition & Consumer Commission v Rural Press Limited [2001] FCA 116

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Rural Press Limited [2001] FCA 116 TRADE PRACTICES - alleged contraventions of ss 45(a) and (b) and 46 of Trade Practices Act 1974 (Cth) against two publishers of regional newspapers in South Australia and parent company of one publisher - one publisher broadened its regional newspaper circulation into part of the prime circulation area of other publisher but subsequently withdrew that extended circulation - communications between officers of respondent companies - whether the circumstances surrounding the withdrawal constituted an arrangement or understanding containing an exclusionary provision in contravention of s 45(2)(a) of the Trade Practices Act 1974 (Cth) - consideration of what constitutes an "arrangement" or "understanding" - meaning of "exclusionary provision" in s 4D - whether purpose subjective or objective. TRADE PRACTICES - the market - consideration of what should be the relevant market for the purposes of s 45(2) - whether broad identification of market should be made - applicant contended that the market should be limited to the provision of services by the publication of newspapers in the relevant area - respondents contend it should extend to include competition with radio and newspapers in other regional areas - 'substitutability' in s 4E - whether arrangement had purpose or effect of substantially lessening competition in market where competition existed in small part of market only and subsequently was withdrawn. TRADE PRACTICES - market power - whether contravention of s 46(1) of the Trade Practices Act 1974 (Cth) - first respondent alleged to have taken advantage of a substantial degree of market power in the identified market - consideration of relevant factors in determining whether substantial degree of market power - relevance of general financial resources and strength of first respondent. TRADE PRACTICES - involvement of the directors in the contraventions - whether they were knowingly concerned in or parties to the alleged contraventions within the meaning of s 75B.