Re: applications by Australasian Performing Right Association Ltd [2000] ACompT 2

THE AUSTRALIAN COMPETITION TRIBUNAL

Australasian Performing Right Association Ltd [2000] ACompT 2 Matter Nos 4 and 5 of 1998 RE APPLICATIONS BY AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LTD PURSUANT TO SS 101 AND 101A OF THE TRADE PRACTICES ACT 1974 JUSTICE von DOUSSA , DR B I ALDRICH & PROFESSOR R C DUNCAN 20 JULY 2000 ADELAIDE (heard in Sydney)

THE AUSTRALIAN COMPETITION TRIBUNAL NOS 4 & 5 OF 1998

RE: APPLICATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 14 JANUARY 1998 DENYING AUTHORISATION IN RELATION TO APPLICATION NOS A30186, A30187, A30188, A30190, A30191 AND A30193; AND OF THE GIVING OF NOTICE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION ON 14 JANAURY 1998 UNDER SUBSECTION 93(3) IN RELATION TO NOTIFICATION NO. N30751 (STANDARD ARRANGEMENTS FOR THE ACQUISITION AND LICENSING OF THE PERFORMING RIGHTS IN APRA'S MUSICAL REPERTOIRE)

BY: AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LIMITED

Applicant

MEMBERS: JUSTICE von DOUSSA, DR B I ALDRICH & PROFESSOR R C DUNCAN

DATE: 20 JULY 2000

PLACE: ADELAIDE (heard in Sydney)

THE TRIBUNAL MAKES THE FOLLOWING DETERMINATION:

1. Subject to the conditions set out in 2 below, the Tribunal hereby: (a) Grants authorisation to Australasian Performing Right Association Limited (APRA) in respect of applications: A30186 A30187 A30188 A30190 A30191 A30193 to make or enter into and to give effect to the proposed input output and distribution arrangements outlined in those applications, subject to the amendments set out in Annexure "A" hereto; (b) Sets aside the notice given to APRA by the Australian Competition and Consumer Commission under section 93(3) of the Trade Practices Act 1974 (Cth), in relation to notification N30751. 2. It is a condition of the authorisations granted in 1 that: (a) at the next Annual General Meeting of APRA, the Articles of Association of APRA be amended to include the amendments set out in Annexure "A" to this determination; and (b) APRA implements the alternative dispute resolution procedure described in Annexure "B". 3. The authorisation hereby granted shall have effect until 30 June 2004.