ACCC v Trevor Davis Investments Pty Ltd [2001] FCA 952

FEDERAL COURT OF AUSTRALIA

ACCC v Trevor Davis Investments Pty Ltd [2001] FCA 952 Competition Code of Victoria s 45(2)(a)(ii) Trade Practices Act 1974 (Cth) ss 45, 76 Competition Policy Reform (Victoria) Act 1995 s 4 Trade Practices Commission v Caravella (1994) ATPR 41‑293 applied Australian Competition and Consumer Commission v George Weston Foods Ltd (2000) ATPR 41‑763 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TREVOR DAVIS INVESTMENTS PTY LTD, MANS DAVIS HOLDINGS PTY LTD, TREVOR DOUGLAS STANLEY DAVIS and DANIEL LEE MANS V 859 OF 2000 SUNDBERG J 28 JUNE 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 859 OF 2000

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: TREVOR DAVIS INVESTMENTS PTY LTD

(ACN 093 461 717)

FIRST RESPONDENT

MANS DAVIS HOLDINGS PTY LTD (ACN 093 461 351)

SECOND RESPONDENT

TREVOR DOUGLAS STANLEY DAVIS

THIRD RESPONDENT

DANIEL LEE MANS

FOURTH RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 28 JUNE 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The third respondent, by attempting to make a contract or arrangement, or arrive at an understanding, with a competitor in October 2000 by writing and sending a letter dated 22 October 2000 to The Managers, Cyberpoint, 87 Swan Street, Richmond, 3121, that contained a provision which had the purpose of fixing, controlling or maintaining or providing for the fixing, controlling or maintaining of the price for casual internet access to be supplied by the third respondent and a competitor has attempted to contravene s 45(2)(a)(ii) of the Competition Code of Victoria ("the Code").

2. The third respondent, by attempting to induce a person to make a contract or arrangement, or to arrive at an understanding, by writing and sending a letter dated 22 October 2000 to The Managers, Cyberpoint, 87 Swan Street, Richmond, 3121, that contained a provision which had the purpose of fixing, controlling or maintaining, or providing for the fixing, controlling or maintaining of the price for access to internet services to be supplied by the third respondent and a competitor, has attempted to contravene s 45(2)(a)(ii) of the Code.