Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seven Network Ltd v Australian Competition & Consumer Commission [2008] FCA 411
Trade Practices Act 1974 (Cth) Part XIC Seven Network v Australian Competition and Consumer Commission (2007) 164 FCR 127 SEVEN NETWORK LIMITED v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FOXTEL MANAGEMENT PTY LTD AND FOXTEL CABLE TELEVISION PTY LTD NSD 639 OF 2007
BUCHANAN J
28 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 639 OF 2007
BETWEEN: SEVEN NETWORK LIMITED
Applicant
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
First Respondent
FOXTEL MANAGEMENT PTY LTD
Second Respondent
FOXTEL CABLE TELEVISION PTY LTD
Third Respondent
JUDGE: BUCHANAN J DATE OF ORDER: 28 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. It is declared that the Special Access Undertaking by FOXTEL Management Pty Limited (ACN 068 671 938) for and on behalf of the FOXTEL Partnership and FOXTEL Cable Television Pty Ltd (ACN 069 008 797) under Subdivision B of Division 5 Part XIC of the Trade Practices Act 1974 (Cth) and dated 1 December 2006 is, within the meaning of s 152CBA(5) and s 152AL(7) of the said Act, subject to the following limitation: 1. FOXTEL is only obliged to supply and continue to supply the Digital Set Top Unit Service described in Appendix 1 to the Access Seeker: (A) in the case of services broadcast via cable, where the Digital Set Top Unit to which the Digital Set Top Unit Service is to be supplied is actually in use by a Subscriber for reception of FOXTEL's digital Subscription Television Services; or (B) in the case of services broadcast via satellite, where the Digital Set Top Unit to which the Digital Set Top Unit Service is to be supplied is actually in use by a Subcriber for reception of FOXTEL's expanded digital Subscription Television Services; 2. FOXTEL has no obligation to supply the Digital Set Top Unit Service described in Appendix 1 where the Digital Set Top Unit to which the Digital Set Top Unit Service is to be supplied is not in use by a Subscriber for reception of FOXTEL's digital Subscription Televsion Services (if broadcast via cable) or FOXTEL's expanded digital Subscription Television Services (if broadcast via satellite).' 2. The application is otherwise dismissed. 3. The notice of motion filed by the second and third respondents is dismissed. 4. The applicant pay the first respondent's costs of and incidental to the proceedings on a party and party basis, to be taxed if not agreed. 5. There be no order as to costs as between the applicant and the second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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