Rural Press Limited v Australian Competition and Consumer Commission [2003] HCA 75

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

Matter No A197/2003

RURAL PRESS LIMITED & ORS APPELLANTS

AND

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION & ORS RESPONDENTS

Matter No A203/2003

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION APPELLANT

AND

RURAL PRESS LIMITED & ORS RESPONDENTS

Rural Press Limited v Australian Competition and Consumer Commission

Australian Competition and Consumer Commission v Rural Press Limited

[2003] HCA 75

11 December 2003

A197/2003 and A203/2003

ORDER

1. Appeal No A197 of 2003 dismissed with costs. 2. Appeal No A203 of 2003 allowed. 3. Set aside par 3 of the orders made by the Full Court of the Federal Court of Australia on 16 July 2002 as amended on 18 October 2002, and in lieu thereof, substitute the following:

"3. Set aside the orders made by the Federal Court on 23 March 2001, and in lieu thereof, order that the following orders be made:

(a) Declare that the First, Second and Fifth Respondents contravened section 45(2) of the Trade Practices Act by making and giving effect to an arrangement that contained provisions under which:

1. the Fifth Respondent agreed to cease soliciting advertising and newsworthy information from the Mannum area for inclusion in its regional newspaper, the River News, and to cease promoting the sale of the River News in the Mannum area; and 2. the First and Second Respondents agreed not to publish a regional newspaper in the Riverland area.

(b) Declare that each of the Third and Fourth Respondents were knowingly concerned in or party to the First and Second Respondents' contraventions of section 45(2) of the Act as set out in sub-paragraph (a) above.

(c) Declare that the Sixth Respondent was knowingly concerned in or party to the Fifth Respondent's contravention of section 45(2) of the Act as set out in sub-paragraph (a) above."