Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Link Solutions Pty Ltd (No 2) [2010] FCA 919
Citation: Australian Competition and Consumer Commission v Link Solutions Pty Ltd (No 2) [2010] FCA 919
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION and MARK PEARSON v LINK SOLUTIONS PTY LTD ACN 126 049 214, SERVICE LS PTY LTD ACN 103 836 326, AXIS TELECOMS PTY LTD ACN 126 049 205, SERVICE AT PTY LTD ACN 076 804 718, SONOFON PTY LTD ACN 126 249 625, SERVICE SO PTY LTD ACN 103 970 627, TELECOM ONE PTY LTD ACN 126 049 394, SERVICE TO PTY LTD ACN 116 646 916, GEORGE TAWAF, MARK NESBITT, JOHN MASIA, BARRY KENNEDY, WORLDTEL (AUST) PTY LTD ACN 105 597 091, WORLDTEL CORPORATION (VICTORIA) PTY LTD ACN 109 699 425, SKYLINK COMMUNICATIONS PTY LTD ACN 112 018 809, ROMEO WEHBE, MANOEL WEHBE, FAKHR FAKHR, JOSEPH AYOUB, AUSTRALIAN INTEGRATED FINANCE PTY LTD ACN 078 700 044, ENTERPRISE FINANCE SOLUTIONS PTY LTD ACN 101 737 204, CIT GROUP (AUSTRALIA) LIMITED ACN 065 745 735, QUEENSLAND COMMUNICATION COMPANY PTY LTD ACN 126 049 385, SERVICE QCC PTY LTD ACN 113 079 600, CLEAR COMMUNICATIONS (EURAUST) AB, CLEAR TELECOMS (AUST) PTY LTD ACN 129 296 573, ANTHONY HAKIM and NATIONAL TELECOMS GROUP PTY LTD ACN 094 312 704
File number: NSD 1473 of 2008
Judge: BENNETT J
Date of judgment: 25 August 2010
Catchwords: TRADE PRACTICES – alleged third line forcing by telecommunications companies (Telcos) – Telcos allegedly offered to give (and gave) call credits on the condition that the customer would lease (and leased) equipment from a third party finance company – Telcos allegedly chose the finance company from a panel – whether "another person" includes the plural – whether "another person" requires specified person/s – whether finance companies were knowingly concerned in Telcos' contraventions – essential elements of the contravention – knowledge of Telcos' business method and of condition that equipment must be leased from a specified finance company or companies – whether bundle was a single package – call credits were given after lease agreement was approved – futurity – compulsion – giving of call credits to customers who had already entered lease – whether future acquisition – customer's awareness of the condition
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