ACCC v The Tasmanian Salmonid Growers Association Ltd [2003] FCA 788

FEDERAL COURT OF AUSTRALIA

ACCC v The Tasmanian Salmonid Growers Association Ltd [2003] FCA 788 TRADE PRACTICES – agreement of trade association of salmon farmers to limit supply – incorrect legal advice as to per se contravention – agreed orders – whether Court a rubber stamp Federal Court of Australia Act 1976 s 21 Trade Practices Act 1974 ss 45(2)(a)(ii), s 45(2)(a)(ii), 80(1)(e), 83, 86C(2)(b), 87B

Yorke v Lucas (1985) 158 CLR 661 applied Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2002] FCA 619 cited AUSTRALIAN COMPETITION & CONSUMER COMMISSION V THE TASMANIAN SALMONID GROWERS ASSOCIATION LIMITED AND TASSAL LIMITED T2 of 2003 HEEREY J 1 AUGUST 2003 MELBOURNE (HEARD IN MELBOURNE (AND HOBART BY VIDEOLINK))

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T2 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: THE TASMANIAN SALMONID GROWERS ASSOCAITION LIMITED (ACN 009 590 729)

FIRST RESPONDENT

TASSAL LIMITED (ACN 009 548 770)

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 1 AUGUST 2003

WHERE MADE: MELBOURNE (HEARD IN MELBOURNE (AND HOBART BY VIDEO LINK))

THE COURT ORDERS THAT: 1. The Court finds the following facts for the purposes of s 83 of the Trade Practices Act 1974 (the Act)

(a) At all material times:

(i) The first respondent was a trade association of salmonid growers in Tasmania, predominantly atlantic salmon growers.

(ii) The second respondent was an atlantic salmon grower in Tasmania and a member of the first respondent.

(iii)The Board of Directors of the first respondent ('the Board') consisted predominantly of representatives of each of the atlantic salmon growing businesses in Tasmania, including the second respondent.