Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v SIP Australia Pty Limited [2002] FCA 824
TRADE PRACTICES – price fixing and market sharing activities – attempt to induce contravention of Pt IV Trade Practices Act 1974 (Cth) – tripartite agreement between supplier and two distributors for supply and sale of compressors and compressor parts – whether agreement contravened exclusive dealing prohibition and thereby excluded operation of s 45 Trade Practices Act 1974 (Cth) – where s 45 Trade Practices Act 1974 (Cth) has no application to vertical exclusive dealing agreements but does apply to horizontal exclusive dealing agreements – whether agreement contained both a component of a vertical agreement between supplier and distributors and a component of a horizontal agreement between distributors – whether agreement contravened resale price maintenance prohibition and thereby excluded operation of s 45 Trade Practices Act 1974 (Cth). WORDS & PHRASES – "purpose", "induce" Trade Practices Act 1974 (Cth): ss 4D, 45(2)(a)(i) & (ii), 45(2)(b)(i) & (ii), 45(5), 45(6), 47(2), 48, 76(1), 96(3)(b). Trade Practices Commission v David Jones Pty Ltd (1986) 13 FCR 446, applied Briginshaw v Briginshaw (1938) 60 CLR 336, applied Watson v Foxman (2000) 49 NSWLR 315, applied The Heating Centre Pty Ltd v Trade Practices Commission (1986) 9 FCR 153, applied Yorke v Lucas (1983) 49 ALR 672, referred to South Sydney District Rugby League Football Club Ltd v News Ltd (1999) 169 ALR 120, referred to South Sydney District Rugby League Football Club Ltd v News Ltd (2000) 177 ALR 611, referred to South Sydney District Rugby League Football Club Ltd v News Ltd (2001) 181 ALR 188, applied Newton v Federal Commissioner of Taxation [1958] AC 450, applied ASX Operations Pty Ltd v Port Data Australia Pty Ltd (No 1) (1990) 27 FCR 460, referred to Australian Competition and Consumer Commission v Visy Paper Pty Ltd (2002) 186 ALR 731, applied
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