Application by Michael Jools, President of the New South Wales Taxi Drivers Association [2006] ACompT 5

AUSTRALIAN COMPETITION TRIBUNAL

Application by Michael Jools, President of the New South Wales Taxi Drivers Association [2006] ACompT 5

TRADE PRACTICES – authorisations of third line forcing – comparison of benefits and detriments

Trade Practices Act 1974 (Cth) ss 90(6), 90(8), 91B Australian Association of Pathology Practices Incorporated [2004] ACompT 4 followed John Dee (Export) Pty Ltd, Re (1990) ATPR ¶41-006, questioned Media Council of Australia, Re (1996) ATPR ¶41-497 followed Rural Traders Co-operative (WA) Ltd, Re (1979) 37 FLR 244 followed VFF Chicken Meat Growers' Boycott Authorisation, Re [2006] ACompT 2 7-Eleven Stores Pty Limited, Re (1994) ATPR ¶41-357 followed APPLICATION BY MICHAEL JOOLS, PRESIDENT OF THE NEW SOUTH WALES TAXI DRIVERS ASSOCIATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 11 MARCH 2005 NOT TO REVOKE AUTHORISATIONS IN RELATION TO DE LUXE RED & YELLOW CABS CO-OPERATIVE TRADING SOCIETY LTD (A30112), LEGION CABS (TRADING) CO-OPERATIVE SOCIETY LIMITED (A90441), RSL EX-SERVICEMEN'S CABS & CO-OPERATIVE MEMBERS LTD (A90448), ST GEORGE CABS CO-OPERATIVE LTD (A90531), ARROW TAXI SERVICES LTD (A90449), REGAL COMBINED TAXIS PTY LTD (A90447), GEELONG RADIO CABS CO-OPERATIVE LTD (A90463), NORTH SUBURBAN TAXIS LTD (A90455), SILVER TOP TAXI SERVICE LTD (A40047), BLACK CABS AND EASTERN GROUP TAXIS CO-OPERATIVE LTD (A90498), WEST SUBURBAN TAXIS LTD (A40071) and SUBURBAN TAXI SERVICE PTY LTD (A90472) File No 3 of 2005

FINKELSTEIN J (Deputy President), M STARRS (Member) & R SHOGREN (Member) 27 JUNE 2006 SYDNEY IN THE AUSTRALIAN COMPETITION TRIBUNAL No 3 of 2005

RE: APPLICATION FOR REVIEW OF THE DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION MADE ON 11 MARCH 2005 NOT TO REVOKE AUTHORISATIONS IN RELATION TO DE LUXE RED & YELLOW CABS CO‑OPERATIVE TRADING SOCIETY LTD (A30112), LEGION CABS (TRADING) CO‑OPERATIVE SOCIETY LIMITED (A90441), RSL EX‑SERVICEMEN'S CABS & CO‑OPERATIVE MEMBERS LTD (A90448), ST GEORGE CABS CO‑OPERATIVE LTD (A90531), ARROW TAXI SERVICES LTD (A90449), REGAL COMBINED TAXIS PTY LTD (A90447), GEELONG RADIO CABS CO‑OPERATIVE LTD (A90463), NORTH SUBURBAN TAXIS LTD (A90455), SILVER TOP TAXI SERVICE LTD (A40047), BLACK CABS AND EASTERN GROUP TAXIS CO‑OPERATIVE LTD (A90498), WEST SUBURBAN TAXIS LTD (A40071) and SUBURBAN TAXI SERVICE PTY LTD (A90472) BY: MICHAEL JOOLS, PRESIDENT OF THE NEW SOUTH WALES TAXI DRIVERS ASSOCIATION Applicant THE TRIBUNAL: FINKELSTEIN J (Deputy President)