Tribunal liberates Victorian newsagents and sub-agents

Article Abstract:

The Australian Trade Practices Tribunal reversed the Trade Practices Commission's authorization of the Victorian newspaper and magazine distribution system proposed in Re 7-11 Stores Pty, Australian Ass'n of Convenience Stores Inc. and Queensland Newsagents Federation. Approval had been sought for a scheme that used exclusive newsagent, sub-agent and home delivery agreements that would constitute territorial monopolies under the Trade Practices Act 1974. The Tribunal found that the agreements would promote inefficiency and restrict economic opportunities.

Exclusive dealing agreements, Periodical wholesalers, Newspaper and periodical wholesalers, Newspaper wholesalers, Newsstands

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Reaping without sowing: the free-rider problem in the context of joint ventures

Article Abstract:

The Australia Federal Court has ruled, in Dowling v Dalgety Australia Ltd, that parties to a joint venture can refuse access to third parties. Under the exclusionary provisions of the Trade Practices Act 1974 (TPA), access that does not restrict competition cannot be denied except with permission from the Trade Practices Commission, but the court ruled otherwise. One solution to these conflicting interpretations would be to amend section 45 of the TPA to allow such exclusion unless it decreases competition unfairly in a market.

Joint ventures

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Exercising contractual rights and imposing restrictive conditions - a misuse of market power?

Article Abstract:

Section 46(1) of the Australian Trade Practices Act of 1974 regulates the actions of a single firm to prevent restrictive conditions or contractual rights that are effective unfair competition. The courts have addressed this issue in many cases and they have carefully examined the specific circumstances and facts of each case before ruling. The firm being sued must have both a significant amount of market power and be abusing that market power to undermine competition before Section 46(1) applies.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Restraint of Trade, Contracts, Non-competition agreements, Noncompete agreements

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