Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Visy Paper Pty Ltd [2001] FCA 1075
TRADE PRACTICES – appeal from single judge - negotiations entered into to purchase recyclable waste paper for use in Visy's operations - draft agreements provided by Visy contained 'non-competition' clauses purporting to restrict those from whom seller could collect waste paper - draft agreements said to contain exclusionary provision - whether attempt to contravene s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) - whether attempt to induce a contravention of s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) - whether s 45(6) applied so as to render s 45(2)(a)(i) not applicable to Visy's conduct - whether conduct constituted exclusive dealing under s 47(4) - proper characterisation of 'non-competition' clauses - whether 'non-competition' clauses constituted a prohibition on the acquisition of goods, on the provision of waste collection services, or on both - if both, whether s 47 had no application to the extent that the prohibition related to the acquisition of goods WORDS & PHRASES – "provision", "by reason that" Trade Practices Act 1974 (Cth) ss 4, 4D, 45(2), 45(6), 76(1), 47(4), 47(10)
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 cited Saunders v Inland Revenue Commissioners [1956] Ch 283 cited South Sydney District Rugby League Football Club Ltd v News Ltd (1999) 169 ALR 120 considered
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VISY PAPER PTY LTD, WILLIAM GUTHRIDGE and STEVEN RICHARDS
N 1304 OF 2000
HILL, NORTH AND CONTI JJ 10 AUGUST 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1304 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN COMPETITION AND
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