Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056

FEDERAL COURT OF AUSTRALIA

Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants in Australia [2001] FCA 1056

TRADE PRACTICES – applicant in business of providing support services to candidates undertaking studies for their "Professional Year" in order to qualify to apply to become members of respondent and to practice as "chartered accountants" – respondent incorporated by Royal Charter – respondent is only body which can authorise use of designation "chartered accountant" or acronym "CA" – respondent also sells support materials in competition with applicant and other entities – for enrolment fee in Professional Year modules, candidate automatically receives certain information about module, but candidate has option of buying or not buying respondent's support materials – respondent replaces Professional Year Program with "CA Program" – for an increased enrolment fee, candidate is now provided automatically with module support materials as well as information about module – applicant complains that candidates in CA Program will not now buy any support material other than those provided by respondent upon payment of module enrolment fee – whether respondent performed its education and training function "in trade or commerce" – whether there was a "CA certification market"– whether there was a "certification market" – whether respondent had "substantial market power" in either of those markets – whether respondent took advantage of market power for anti-competitive purpose contrary to s 46 of Trade Practices Act 1974 (Cth) ("Act") – whether respondent engaged in practice of exclusive dealing by imposing condition that candidates not acquire support materials from other suppliers in contravention of s 47 of Act – whether respondent entered into anti-competitive agreement or arrangement in contravention of s 45 of Act – whether respondent engaged in unconscionable conduct in contravention of s 51AC of Act – whether conduct can be unconscionable within s 51AC when neither party to the supply or acquisition complains and it is an unrelated third party against whom the unconscionable conduct is allegedly directed