BTF1010 Study Guide - Final Guide: Rugby Football League
6 Jun 2018
School
Department
Course
Professor
COLLUSION IN S45(1)(b) COMPETITION AND CONSUMER ACT
Contracts, agreements or understanding that include exclusionary provisions that have the
effect of likely effect of substantially lessen competition.
• Being all other agreement that substantially lessen competition.
• E.G. Codes of conduct – substantially lessened competition must be proved.
ISSUE
Collusion S45(1)(b)
CASE
News v Australian Rugby Football League (1996) PG545
FACTS
In 1994 News decided to involve itself in rugby league because of the
lucrative television. News strategy was to work with ARL to set up a
rebel super league. ARL opposed the involvement of News.
HELD
Breach of S45(2). Elements of S4D were satisfied.
While exclusionary agreements are restricted to agreements between competitors, other
agreements subject to S45(2).
The section is therefore potentially very wide. It may catch vertical agreements as well as
horizontal ones.
• Is there a contract, agreement, or understanding?
• Is the “purpose” or “effect” to substantially lesson competition?
S45 AGREEMENTS WITH EXCLUSIONARY PROVISIONS AND
SUBSTANTIALLY LESSEN COMPETITION
• Determine the level of competition without the challenged conduct
• Determine the level of competition with the challenged conduct
• Analyse difference between the two above
Document Summary
Contracts, agreements or understanding that include exclusionary provisions that have the effect of likely effect of substantially lessen competition: being all other agreement that substantially lessen competition, e. g. Codes of conduct substantially lessened competition must be proved. News v australian rugby football league (1996) pg545. In 1994 news decided to involve itself in rugby league because of the lucrative television. News strategy was to work with arl to set up a rebel super league. While exclusionary agreements are restricted to agreements between competitors, other agreements subject to s45(2). It may catch vertical agreements as well as horizontal ones. Substantially lessen competition: determine the level of competition without the challenged conduct, determine the level of competition with the challenged conduct, analyse difference between the two above. S45 and s44zzra agreements that substantially lessen competition may be unauthorised by submission to the accc for approval under s88(1) to (9)
