Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd (ACN 007 873 118) (Trading as Mac's Liquor) [2003] FCA 530

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd (ACN 007 873 118) (Trading as Mac's Liquor) [2003] FCA 530 TRADE PRACTICES – proposed consent orders to be entered against some respondents only – alleged price fixing agreements against several respondents – whether orders should be made before proceedings against other respondents are determined – whether court should 'note' undertakings given by consenting respondents to ACCC which include terms which are not clearly within the power of ACCC to accept – function of court when asked to 'note' undertakings given to ACCC under s 87B Trade Practices Act 1974. PRACTICE AND PROCEDURE – court asked to note undertakings given to ACCC – whether court has any function to consider whether the undertakings are within power of ACCC to accept – nature of court's function having regard to s 87B Trade Practices Act 1974. Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) s 45 and 87B Trade Practices Amendment Act (No.1) 2001 (Cth) Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc. (1999) 161 ALR 79 followed NW Frozen Foods Pty Ltd v Australian Competition & Consumer Commission (1996) 71 FCR 285 followed Thompson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 followed Australian Competition and Consumer Commission v Office Link (Aust.) Pty Ltd (1997) ATPR 41-598 considered Australian Competition and Consumer Commission v Alice Car & Truck Rentals Pty Ltd (1997) ATPR 41-582 noted Australian Competition & Consumer Commission v SIP Australia Pty Ltd (1999) ATPR 41-702 noted Australian Competition and Consumer Commission v ABB Transmission & Distribution (2001) 190 ALR 169 noted Australian Competition and Consumer Commission v ABB Transmission & Distribution Ltd (No.2) (2002) ATPR 41-871 and 41-872 noted Australian Competition and Consumer Commission v Australian Medical Association Western Australia Branch Inc. (2001) 114 FCR 91 considered Australian Competition & Consumer Commission v SIP Australia Pty Ltd (1999) ATPR 41-702 noted Beach Petroleum ML v Johnson (1995) 57 FCR 119 noted Higgins v Nicol (1972) 21 FLR 34 considered Australian Competition and Consumer Commission v Signature Security Group Pty Ltd [2003] FCA 3 noted Trade Practices Commission v Cue Design Pty Ltd (1969) ATPR 41-475 noted ACCC v Apollo Optical (Aust.) Pty Ltd [2001] FCA 1456 noted Trade Practices Commission v Olympic Productions and Publications Pty Ltd (1985) 8 FCR 467 considered Knowles v Fuller (1947) SR(NSW) 243 noted St John Shipping Corporation v Joseph Rank Ltd [1957] 1QB 2367 noted Anderson Ltd v Daniel [1924] 1 KB 138 noted Australian Petroleum Pty Ltd v Australian Competition and Consumer Commission (1997) 73 FCR 75 considered Virgin Blue Airlines Pty Ltd v Australian Competition and Consumer Commission [2001] FCA 1271 considered Australian Competition and Consumer Commission v Z-Tek Computers Pty Ltd (1997) 148 ALR 339 considered Berry v Federal Commissioner of Taxation (1953) 89 CLR 653 noted Our Town FM Pty Ltd v Australian Broadcasting Tribunal (1987) 16 FCR 465 noted AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v WOOLWORTHS (SOUTH AUSTRALIA) PTY LIMITED (ACN 007 873 118) (TRADING AS MAC'S LIQUOR), THE ARNHEM CLUB INCORPORATED (RIN 00217C), RHONWOOD PTY LIMITED (ACN 010 832 309) (TRADING AS WALKABOUT TAVERN), DONALD ALEXANDER MILLER, PAUL SAMUEL MILLER AND MICHELLE LOUISE MILLER D 18 of 2002 MANSFIELD J 30 MAY 2003 ADELAIDE (HEARD IN DARWIN)