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Stationers Supply Pty Ltd v The Victorian Authorised Newsagents Association Limited

[1993] FCA 380; (1993) 44 FCR 35

 

Facts

Newspower entered into arrangements with Victorian Newsagent Supplies (VNS) (one of the defendants) and individual newsagents to establish a “Newspower” product line.  Stationers Supply alleged Newspower supplied promotional services to members on condition they purchase promotional goods or supplies from VNSIt was claimed this constituted an arrangement with the purpose of SLC

 

Federal Court (Ryan J)

To contravene provisions substantial purpose must be to SLC. In this case purpose of membership agreement was to ‘unite newsagents under common marketing banner’ (para 85). To strive for market dominance is not to have a purpose of SLC (para 85). Here, the purpose of the arrangement was the more effective promotion of newsagents with a view to increasing sales (para 87). There was no substantial purpose of SLC

 

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