BTF1010 Study Guide - Final Guide: Joint Venture, Bid Rigging, Car Rental

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Fixing, controlling or maintaining prices
ISSUE
Fixing, controlling or maintaining prices
CASE
ACCC v NW Frozen Foods (1996) PG529
FACTS
A number of companies involved in the Tasmanian market for frozen
foods were parties to a price fixing agreement. Wholesalers supplied
these lines of food to a number of businesses. Companies involved in
this price fixing agreement had a combined market share of 80-90%.
ACCC alleged conduct contravening S44ZZRG of CCA
HELD
Frozen food wholesalers admitted to entering into agreements which
fixed the minimum price.
Prices may be maintained or controlled in a variety of ways – it has been suggested that to
“maintain” a price assumes that it has been fixe beforehand.
ISSUE
Fixing, controlling or maintaining prices
CASE
ACCC v Leahy Petroleum (2004) PG531
FACTS
ACCC alleged that eight companies entered into an arrangement to fix
or control the retail price of petrol in Ballarat.
HELD
It was an arrangement that led to the public paying higher retail prices
for petrol than they would have paid if the prices had been determined
by market forces, rather than by collusive arrangement.
Discounts, allowances, rebates or credits breach the law
ISSUE
Discounts, allowances, rebates or credits breach the law
CASE
ACCC v Alice Car & Truck Rentals (1997) PG
FACTS
ACCC brought action against four NT car rental companies, alleging
that they had fixed car rental prices in Alice Springs. Initially tourists
would receive 600 free kilometres as part of a rental vehicle, but with
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Document Summary

A number of companies involved in the tasmanian market for frozen foods were parties to a price fixing agreement. Wholesalers supplied these lines of food to a number of businesses. Companies involved in this price fixing agreement had a combined market share of 80-90%. Frozen food wholesalers admitted to entering into agreements which fixed the minimum price. Prices may be maintained or controlled in a variety of ways it has been suggested that to. Maintain a price assumes that it has been fixe beforehand. Accc alleged that eight companies entered into an arrangement to fix or control the retail price of petrol in ballarat. It was an arrangement that led to the public paying higher retail prices for petrol than they would have paid if the prices had been determined by market forces, rather than by collusive arrangement. Discounts, allowances, rebates or credits breach the law. Accc v alice car & truck rentals (1997) pg.

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