Australian Competition and Consumer Commission v Visy Paper Pty Ltd (No 2) [2004] FCA 1471

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Visy Paper Pty Ltd (No 2) [2004] FCA 1471 TRADE PRACTICES – pecuniary penalties – attempts to enter and attempts to induce entry into a contract containing an 'exclusionary provision' – criteria to be taken into account – significance of legal uncertainty – Trade Practices Act 1974 (Cth), s 76(1)

Trade Practices Act 1974 (Cth) ss 45(2)(a)(i), (6), 76

Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 followed NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Australian Competition and Consumer Commission v Ithaca Ice Works Pty Ltd [2002] ATPR 41-851 cited Minister for the Environment and Heritage v Greentree (No 3) [2004] FCA 1317 cited Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission (2003) 131 FCR 529 followed Australian Competition and Consumer Commission Universal Music Australia Pty Ltd (No 2) (2002) 201 ALR 618 cited Australian Competition and Consumer Commission v George Weston Foods Ltd [2000] ATPR 41-763 followed Schneider Electric (Australia) Pty Ltd v Australian Competition and Consumer Commission (2003) 127 FCR 170 cited J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission [2000] ATPR 41-758 cited Australian Competition and Consumer Commission v The Tasmanian Salmonid Growers Association Ltd [2003] ATPR 41-954 cited Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 cited BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 452 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VISY PAPER PTY LTD and Ors NSD 1244 of 1998 SACKVILLE J SYDNEY 18 NOVEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1244 of 1998