CLAW1001 Study Guide - Final Guide: Streets (Ice Cream), Price Fixing, Nervous Shock In English Law
Document Summary
Competition s45 market: boral besser masonry ltd v accc (2003) relevant market competition and field of rivalry issue - pricing below avoidable cost in order to drive out competition // possible misuse of market share power. Held market was only concrete masonry products cartel conduct. Tpc v service station association ltd (1993) failed to prove price fixing in context of petrol station: accc v visy (2007) Criminalising cartel conduct significant losses incurred by both sides due to price war secret negotiations to reduce price competition and retain market share = enter contract. Tpc v tnt australia pty ltd (1995) fix prices at a certain amount artificially generating monopoly profits or lock out competitors. Deliberately misquoting prices to customers to retain customers. Companies involved were protected from the effects of competition and breached obligation to offer what is best/in public interest intended illegal results detriment to healthy economy. Primary boycotts (s45db: news ltd v australian rugby league ltd (1996)
