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High Court case

Leading case

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Current Australian competition cases

Current cases and recent decisions (where ACCC, ACT or CDPP is a party) and select private actions

Leading and other important cases are highlighted in boxes below. High Court cases are highlighted in blue. These largely exclude agreed contravention and penalty cases. Note that where matters have been appealed the case is sorted by the year of the highest appeal decision. The case list is not - and is not intended - to be exhaustive and additional cases and summaries will continue to be added over time.

2019

	ACCC v Cascade Coal Pty Ltd [2019] FCAFC 154 (September 2019) Alleged cartel conduct (ACCC's appeal dismissed) Appeal from ACCC v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019

	ACCC v Cryosite Ltd [2019] FCA 116 (Justice Beach) Cartels (penalties): Cartel conduct (gun jumping) - $1.05m penalty imposed

	ACCC v Pacific National Pty Limited (No 2) [2019] FCA 669 (Justice Beach) (15 May 2019) Mergers: Acquisition involving Queensland rail terminal (s 50 CCA)

2018

	ACCC v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019 (Justice Finkelstein) Cartels: Alleged cartel conduct (dismissed) (subject to appeal) Appealed: ACCC v Cascade Coal Pty Ltd [2019] FCAFC 154 (appeal dismissed)

	ACCC v Pfizer [2018] FCAFC (Justices Greenwood, Middleton, Foster) Misuse of market power: Alleged abuse of power - various rebate agreements entered into ahead of patent expiry (Lipitor) (pre Harper-reforms to s 46) Exclusive dealing: Alleged supply on condition pharmacists would not stuck other products except to a limited extent (claim failed)

	ACCC v Yazaki Corporation [2018] FCAFC 73 Cartels (penalites): Cartel conduct (penalty appeal)

	Prysmian Cavi E Sistemi S.R.L. v ACCC [2018] FCAFC 30 (13 March 2018) Cartels (bid rigging): cartels, price fixing (bid rigging); extraterritoriality Appeal from: ACCC v Prysmian Cavi E Sistemi S.R.L. (No 12) [2016] FCA 822

2017

	ACCC v Australian Competition Tribunal [2017] FCAFC 150 Mergers: ACCC's application for judicial review regarding process for determining merger authorisation

	ACCC v Australian Egg Corporation Limited [2017] FCAFC 152 Cartels (attempt): Allegations of attempting to induce cartel conduct (dismissed)

	ACCC v Cement Australia [2013] FCA 909 (10 September 2013) Anti-competitive agreements Misuse of market power Penalties Appeal against penalty: ACCC v v Cement Australia Pty Ltd [2017] FCAFC 159

	ACCC v Colgate-Palmolive Pty Ltd (No 4) [2017] FCA 1590 Cartels (price fixing): consideration of whether agreement or mere oligopolistic behaviour [Note this was the contested proceedings; earlier consent proceedings with Colgate and Woolworths resulted in penalties of approx $27m - links available from this page]

	ACCC v Olex Australia Pty Ltd [2017] FCA 222 (9 March 2017) Cartels: Allegations of cartel conduct dismissed

	Air New Zealand Ltd v ACCC; PT Garuda Indonesia Ltd v ACCC [2017] HCA 21 Cartels (price fixing) Market definition: 'market in Australia'; s 4E Full Federal Court: ACCC v P T Garuda Indonesia Ltd [2016] FCAFC 42 Trial: ACCC v Air New Zealand Limited [2014] FCA 1157

	Bendigo and Adelaide Banks & Ors (Authorisation application re: ApplePay) Authorisation (collective bargaining and boycott): Application for authorisation in respect of ApplePay Authorisation denied

	Commonwealth Director of Public Prosecutions v Nippon Yusen Kabushiki Kaisha [2017] FCA 876 Cartels (criminal penalties): First criminal cartel conviction (discount for guilty plea) - although conduct admitted, first discussion of penalties applicable in criminal context.

	Port of Newcastle Operations Pty Ltd v Australian Competition Tribunal [2017] FCAFC 124 Access

	Tabcorp Holdings and Tatts Group - proposed merger (ACT 1 of 2017) Mergers (authorisation): Tribunal decision on merger authorisation

2016

	ACCC v Australia and New Zealand Banking Group Limited [2016] FCA 1516 Cartels (penalties): Attempted cartel conduct (admitted) (penalties imposed higher than those 'agreed')

	ACCC v Australian Egg Corporation Limited [2016] FCA 69 Cartels (attempt) Appealed. See ACCC v Australian Egg Corporation Limited [2017] FCAFC 152 (25 September 2017) (dismissed)

	ACCC v Cement Australia [2016] FCA 453 Penalties: Penalty judgment (anti-competitive agreements) Penalty appealed (successfully): ACCC v v Cement Australia Pty Ltd [2017] FCAFC 159 Substantive judgment: ACCC v Cement Australia [2013] FCA 909 (10 September 2013)

	ACCC v Colgate-Palmolive Pty Ltd (No 3) [2016] FCA 676 (Woolworths) ACCC v Colgate-Palmolive Pty Ltd (No 2) [2016] FCA 528 (Colgate) Cartels: Cartel conduct / price fixing (agreement or mere oligopolistic behaviour) Consent proceedings with Colgate and Woolworths; contested proceedings against Cussons decided in 2017

	ACCC v Flight Centre Travel Group Limited [2016] HCA 49 Cartels (agency arrangements) Full Federal Court: Flight Centre Limited v ACCC [2015] FCAFC 104 Trial decision: ACCC v Flight Centre Limited (No 2) [2013] FCA 1313 (6 December 2013)

	ACCC v P T Garuda Indonesia Ltd [2016] FCAFC 42 (21 March 2016) Cartels (price fixing) Market definition: 'market in Australia'; s 4E Appeal from: ACCC v Air New Zealand Limited [2014] FCA 1157 Appealed to High Court: Air New Zealand Ltd v ACCC; PT Garuda Indonesia Ltd v ACCC [2017] HCA 21

	ACCC v Prysmian Cavi E Sistemi S.R.L. (No 12) [2016] FCA 822 Cartels (price fixing (bid rigging)) Jurisdiction (extraterritoriality) Note: Prysmian unsuccessfully appealed (Prysmian Cavi E Sistemi S.R.L. v Australian Competition and Consumer Commission [2018] FCAFC 30 (13 March 2018)) See also ACCC v Prysmian Cavi E Sistemi Energia SRL (No 5) [2013] FCA 294 (5 April 2013) (Justice Lander) Price fixing/bid rigging (admissions and agreed order between Viscas/ACCC)

2015

	ACCC v ANZ Ltd [2015] FCAFC 103 (31 July 2015) (Chief Justice Allsop, Justice Davies, Justice Wigney) Price fixing: price fixing and agency arrangements (alleged agreement to limit the amount of refund that could be provided by agent) (claim dismissed - no price fixing) Appeal from: ACCC v ANZ Ltd [2013] FCA 1206 (18 November 2013) (Justice Dowsett)

	ACCC v Little Company of Mary Health Care Ltd [2015] FCA 1144 (Justice Robertson) Exclusive dealing (s 47): conditional acquisition of medial services from medical practitioners - effect or likely effect of substantially lessening competition in relevant market (contravention admitted) Practice and procedure: discretion to make declaration where statement of agreeed facts, proposed consent orders - no pecuniary penalty sought

	ACCC v Pfizer [2015] FCA (Justice Flick) Misuse of market power: Alleged abuse of power - various rebate agreements entered into ahead of patent expiry (Lipitor) (pre Harper-reforms to s 46) (no contravention found) Exclusive dealing: Alleged supply on condition pharmacists would not stuck other products except to a limited extent (no contravention found) Appealed (unsuccessfully) to Full Federal Court: ACCC v Pfizer [2018] FCAFC (25 May 2018) Special leave to appeal to High Court refused

	ACCC v Visa Inc [2015] FCA 1020 (Justice Wigney) Exclusive dealing: section 47 - admitted conduct - related to moratorium on Dynamic Currency Conversion service Penalty: relevant principles discussed (s 76) - $18m penalty imposed

	ACCC v Yazaki Corporation (No 2) [2015] FCA 1304 Cartels: Appeal on penalty (successful): ACCC v Yazaki Corporation [2018] FCAFC 73

	Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 This case was not a competition law case; however it related to the common practice of parties agreeing with regulators on appropriate penalties to present to the Court. The High Court concluded that "in civil penalty proceedings, courts are not precluded from considering and, if appropriate, imposing penalties that are agreed between the parties" (quote taken from judgment summary). This restored the common practice that had been halted as a result of the Full Federal Court's decision which precluded joint penalty submissions.

	Flight Centre Limited v ACCC [2015] FCAFC 104 Chief Justice Allsop, Justice Davies, Justice Wigney Cartels (agency arrangements) Appeal to High Court (successful): ACCC v Flight Centre Travel Group Limited [2016] HCA 49 Appeal from: ACCC v Flight Centre Limited (No 2) [2013] FCA 1313 (6 Dec 2013)

2014

	ACCC v Air New Zealand Limited [2014] FCA 1157 Price fixing; 'market in Australia'; s 4E Appealed to Full Federal Court: ACCC v P T Garuda Indonesia Ltd [2016] FCAFC 42 (21 March 2016) Appealed to High Court: Air New Zealand Ltd v ACCC; PT Garuda Indonesia Ltd v ACCC [2017] HCA 21

	ACCC v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Unconscionable conduct (consent orders)

	ACCC v Coles Group Limited [2014] FCA 363; ACCC v Woolworths Limited [2014] FCA 364 (14 April 2014) Enforceable undertakings (whether breached) - shopper dockets

	ACCC v NSK Australia Pty Ltd [2014] FCA 453 (13 May 2014) Price fixing (admitted)

	ACCC v Renegade Gas Pty Ltd (trading as Supagas NSW) and Speed-E-Gas (NSW) Pty Ltd [2014] FCA 1135 Cartel conduct - agreed penalties totalling $8.3 million (contraventions admitted) - cooperation

	Obeid v ACCC [2014] FCA 839 (8 August 2014) Validity of section 155 notices

	Tooltechnic Systems (Aust) Pty Ltd - Authorisation - A91433 [5 December 2014] RPM authorisation

2013

	ACCC v ANZ Ltd [2013] FCA 1206 (18 November 2013) Price fixing

	ACCC v Cement Australia [2013] FCA 909 (10 September 2013) Anti-competitive agreements, misuse of market power Penalty judgment: ACCC v Cement Australia [2016] FCA 453 Appeal against penalty successful: ACCC v v Cement Australia Pty Ltd [2017] FCAFC 159

	ACCC v Flight Centre Limited (No 2) [2013] FCA 1313 (6 Dec 2013) (Justice Logan) Cartel: Agency Appeal to Full Federal Court: Flight Centre Limited v ACCC [2015] FCAFC 104 Appeal to High Court: ACCC v Flight Centre Travel Group Limited [2016] HCA 49

	ACCC v Koyo Australia Pty Ltd [2013] FCA 105 (18 October 2013) Admitted cartel conduct - penalties by consent

	ACCC v Prysmian Cavi E Sistemi Energia SRL (No 5) [2013] FCA 294 (5 April 2013) (Justice Lander) Price fixing/bid rigging (admissions and agreed order between Viscas/ACCC). Proceedings continued against other respondents See: ACCC v Prysmian Cavi E Sistemi S.R.L. (No 12) [2016] FCA 822 Cartels, price fixing (bid rigging); extraterritoriality

	Application by Co-operative Bulk Handling Limited (No 3) [2013] ACompT 3 Appeal against revocation of exclusive dealing notification - public benefit v SLC

	Norcast S.ár.L v Bradken Limited (No 2) [2013] FCA 235 (19 March 2013) Cartels - bid rigging - first case to consider new cartel laws

	Parmalat Australia Pty Ltd v VIP Plastic Packaging Pty Ltd [2013] FCA 119 (22 February 2013) Exclusive dealing (application for interlocutory relief dismissed)

2012

	ACCC v Link Solutions Pty Ltd (No 3) [2012] FCA 348 Exclusive dealing - third line forcing

	Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36 Access regime Full Federal Court: Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2011] FCAFC 58 (4 May 2011) Tribunal: Fortescue Metals Group Limited; In the Matter of [2010] ACompT 2

	SPAR Licensing Pty Ltd v MIS QLD Pty Ltd (No 2) [2012] FCA 1116 Exclusionary provisions - anti-competitive agreements (purpose/effect of SLC) - market definition

2011

	ACCC v April International Marketing Services Australia Pty Ltd (No 8) [2011] FCA 153 Foreign cartel with effect of price fixing in Australia contrary to s 45. Penalty principles.

	ACCC v Metcash Trading Limited [2011] FCA 967 (25 August 2011); [2001] FCAFC 151 (30 November 2011) Merger - held merger not likely to SLC. ACCC appeal failed.

	ACCC v TF Woollam & Son Pty Ltd [2011] FCA 973 (24 August 2011) Price fixing - cover pricing in building tenders

	ACCC v Ticketek Pty Ltd [2011] FCA 1489 (22 December 2011) Misuse of market power (consent orders - $2.5m penalty)

	Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2011] FCAFC 58 (4 May 2011) (Full Federal Court) Access regime Appeal to High Court: Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36 Appeal from Tribunal: Fortescue Metals Group Limited; In the Matter of [2010] ACompT 2

2010

	ACCC v Black & White Cabs Pty Ltd [2010] FCA 1399 Exclusive dealing (third line forcing)

	ACCC v Cabcharge [2010] FCA 1261 Contraventions admitted - misuse of market power (refusal to deal/predatory pricing)

	ACCC v IGC Dorel Pty Ltd [2010] FCA 1303 (10 December 2010) Resale price maintenance - agreed penalties

	Fortescue Metals Group Limited; In the Matter of [2010] ACompT 2 Access (overturned in part on appeal to the federal court)

2009

	ACCC v Bill Express Ltd (in liq) (2009) 180 FCR 105; [2009] FCA 1022 Exclusive dealing (third line forcing)

	Emirates v ACCC [2009] FCA 312 Validity of s 155 notice - issue of market definition

	Seven Network Ltd v News Limited [2007] FCA 1062; [2009] FCAFC 166 (the C7 case) Anti-competitive agreements; misuse of market power; market definition

	Singapore Airlines Ltd v ACCC [2009] FCAFC 136 (2 October 2009) Market definition Appeal from ACCC v Singapore Airlines Cargo Pty Ltd (2009) ATPR 42-288; [2009] FCA 510

2008

	ACCC v British Airways PLC (2008) ATPR 42-265; [2008] FCA 1977 Collusive conduct - SLC - Penalties - Admission of liability

	ACCC v QANTAS Airways Ltd (2008) ATPR 42-266; [2008] FCA 1976 Collusive conduct - SLC - Penalties - Admission of liability

	Application by Chime Communications Pty Ltd [2008] ACompT 4 Access

	Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd (2008) ATPR 42-256; [2008] FCA 1458 Alleged cartel - specificity of market (and associated proceedings)

2007

	ACCC v Australian Abalone Pty Ltd [2007] FCA 1834 Admitted price fixing and boycott conduct - discussion of agreed penalties and mention of propsed criminal penalties

	ACCC v Baxter Healthcare [2007] HCA 38 (29 August 2007); [2008] FCAFC 141 Misuse of market power, exclusive dealing, derivative crown immunity

	ACCC v Jurlique International Pty Ltd [2007] FCA 79 Resale price maintenance

	ACCC v Leahy Petroleum Pty Ltd [2007] FCA 794 (29 May 2007) (Geelong Petrol case) Price fixing - meaning of 'contract, arrangement or understanding' (held no contravention)

	ACCC v Visy Industries Holdings Pty Limited (No 3) [2007] FCA 1617 (2 November 2007) Admission of cartel conduct - penalties of $36m + imposed

	Nelson Enterprises Pty Ltd [ACCC Notification - 31 July 2007] Collective bargaining notification (first application - involved Queensland citrus growers)

	Re Medicines Australia Inc [2007] ACompT 4 (27 June 2007) Authorisation

2006

	ACCC v Liquorland (Australia) Pty Ltd [2006] FCA 826 (30 June 2006) Exclusionary provisions, anti-competitive agreements

	SST Consulting Services Pty Limited v Rieson [2006] HCA 31 Focus on issue of severance and s 4L of the Act; exclusive dealing (third line forcing)

2005

	ACCC v Dermalogica Pty Ltd [2005] FCA 152; (2005) 215 ALR 482 Resale price maintenance

	ACCC v Eurong Beach Resort Ltd [2005] FCA 1900 Misuse of Market Power, Exclusionary Provisions, Exclusive Dealing and Anti-competitve agreements (agreed penalties)

	Apco Service Stations Pty Ltd v ACCC [2005] FCAFC 161 (Ballarat Petrol case) Price fixing, meaning of understanding (appeal from ACCC v Leahy Petroleum Pty Ltd [2004] FCA 1678)

2004

	ACCC v ABB Power Transmission Pty Ltd [2004] FCA 819 Pecuniary penalty - joint submission - cartels

	ACCC v Midland Brick Co Pty Ltd [2004] FCA 693 Price fixing - joint submission on orders - principles governing joint submissions

	Australian Association of Pathology Practices Incorporated [2004] ACompT 4; (2004) ATPR 41-985 Authorisation - exclusive dealing - third line forcing

	NT Power Generation v Power and Water Authority [2004] HCA 48; 219 CLR 90 Misuse of market power; access to services (through s 46)

	Qantas Airways Ltd [2004] A Comp T 9 Authorisation

	Seven Network Ltd v ACCC [2004] FCAFC 267; (2004) 140 FCR 170 Section 155

2003

	ACCC v Australian Medical Association Western Australian Branch Inc [2003] FCA 686; (2003) ATPR 41-945 Price fixing, market definition

	ACCC v Australian Safeway Stores Pty Limited [2003] FCAFC 149 (30 June 2003) Misuse of market power, exclusive dealing, price fixing

	Australian Gas Light Company (ACN 052 167 405) v Australian Competition & Consumer Commission (No. 3) [2003] FCA 1525 Mergers - declaration that merger would not SLC - declaration sought after ACCC refused to provide informal clearance

	Boral Besser Masonry Limited (now Boral Masonry Ltd) v ACCC [2003] HCA 5 (7 February 2003) Misuse of market power; predatory pricing

	News Ltd v South Sydney District Rugby League Football Club Ltd [2003] HCA 45 Deals with s 45's prohibition of exclusionary provisions in relation to South Sydney's exclusion from the national rugby competition in 2000.

	Rural Press Limited v Australian Competition and Consumer Commission [2003] HCA 75 (11 December 2003) Misuse of market power and exclusionary provisions

	Universal Music Australia Pty Ltd v ACCC [2003] FCAFC 193 Misuse of market power; exclusive dealing, purpose or effect of SLC

	Visy Paper Pty Ltd v ACCC [2003] HCA 59 Sectison 45 and 47 - anti-overlap

2002

	ACCC v IMB Group Pty Ltd (ACN 050 411 946) (in liq) [2002] FCA 402 Exclusive dealing (third line forcing)

	Daniels Corporation International Pty Ltd v ACCC [2002] HCA 49; 213 CLR 543; 192 ALR 561; 77 ALJR 40 Section 155; Legal Professional Privilege

	Monroe Topple & Associates Pty Ltd v The Institute of Chartered Accountants (2002) 122 FCR 110 Likely effect of SLC

2001

	ACCC v ABB Transmission and Distribution Limited [2001] FCA 383 Pecuniary penalty - joint submissions - factors relevant to appropriate penalty

	ACCC v Roche Vitamins Australia Pty Ltd [2001] FCA 150 Pecuniary penalty - factors relevant to appropriate penalty

	Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 201 CLR 181 Restraint of Trade

	Melway Publishing Pty Ltd v Robert Hicks Pty Ltd [2001] HCA 13 Misuse of market power

	Peters (WA) Ltd v Petersville Ltd [2001] HCA 45 Restraint of trade; s 4M

2000

	Australian Rugby Union Limited v Hospitality Group Pty Ltd [2000] FCA 823 Market definition

	Stirling Harbour Services Pty Ltd v Bunbury Port Authority [2000] FCA 1381 SLC test

1997

	ACCC v Mobil Oil Australia Ltd (1997) ATPR 41–568 Price fixing. Pleadings. Parallel conduct.

	AW Tyree Transformers Pty Ltd and Wilson Transformer Co Pty Ltd (1997) ATPR (Com) 50–247 Authorisation - joint marketing scheme

1996

	News Ltd v Australian Rugby League Ltd (No 2) (1996) 64 FCR 410 (4 October 1996) (Superleague) Exclusionary provisions

	NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Penalties - agreed penalties - principles

1995

Supermarket trolly

Re QIW Ltd (1995) 132 ALR 225
Merger, Market definition

1994

	Re 7-Eleven Stores (1994) ATPR 41-357 Market definition, public benefits/detriment

	Davids Holdings v Attorney-General (1994) 49 FCR 211 Mergers, Market definition

	KAM Nominees Pty Ltd v Australian Guarantee Corporation Ltd (1994) 123 ALR 711 Exclusive dealing

	WSGAL Pty Limited v Trade Practices Commission, the Gillette Company, Wilkinson Sword Limited and Registrar of Trade Marks [1994] FCA 1079; (1994) 122 ALR 673 Mergers and divestiture power under s 81 - constitutional validity

1993

	Gallagher v Pioneer Concrete (NSW) Pty Ltd (1993) 113 ALR 159 Anti-competitive agreements

	QIW Retailers Ltd v Davids Holdings [1993] FCA 204; (1993) ATPR 41-226 Mergers; Trade Practices Economics

	Stationers Supply Pty Ltd v Victorian Authorised Newsagents Associated Limited (1993) 44 FCR 35 Purpose or effect of substantially lessening competition (ss 45 and 47)

	TPC v Service Station Association Ltd (1993) 44 FCR 206 Anti-competitive agreements; Price Fixing

1992

	Broderbund Software Inc v Computermate Products (Australia) Pty Ltd (1992) ATPR 41-155 Market definition

	Dowling v Dalgety Australia Ltd (1992) 34 FCR 109 Anti-competitive agreements; misuse of market power; market definition

	TPC v Penfold Wines Pty Ltd (1992) ATPR 41–163 Resale price maintenance

1991

	Berlaz Pty Ltd v Fine Leather Care Products Limited [1991] FCA 163; (1991) 13 ATPR 41-118 (Interlocutory proceedings) 'A distinction has to be drawn between purpose and consequence. The clear impression I have gained from the evidence is that FLC's purpose in acting as it did was not to get rid of or damage Berlaz as a competitor, although no doubt FLC knew that terminating the distributorship would be likely to have one or both of those results.' [Pincus J para 25]

	Eastern Express Pty Ltd v General Newspapers Pty Ltd (1991) 30 FCR 385 Predatory pricing

	Singapore Airlines Ltd v Taprobane Tours WA Pty Ltd (1991) 33 FCR 158 Market definition

	TPC v CSR Ltd [1990] FCA 521; (1991) ATPR 41-076 Misuse of market power - pecuniary penalties

1990

	Arnotts Limited v TPC (1990) ATPR para 41-061; (1990) 97 ALR 555; (1990) 24 FCR 313 Merger - market definition - dominance (different types of biscuits) TPC v Arnotts (1990) 93 ALR 657 (trial) Mergers

	ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No. 1) (1990) 27 FCR 460 Anti-competitive agreements, exclusionary provisions, misuse of market power

	The Paul Dainty Corporation Pty Ltd v The National Tennis Centre Trust [1990] FCA 163; (1990) 22 FCR 495 (LawCite) Exclusive dealing (sub-sections 47(1), (8), (9) and (13))

	Pont Data Australia Pty Limited v ASX Operations Pty Limited (1990) FCA 30 Misuse of market power, anti-competitive agreements, exclusive dealing, price discrimination

	TPC v Sony (Australia) Pty Ltd (1990) ATPR 41–031 Resale price maintenance

1989

Steel

Queensland Wire Industries v BHP (1989) 167 CLR 177 (High Court)
Misuse of market power - leveraging market power (section 46)

1988

Meat

TPC v Australia Meat Holdings Pty Ltd (1988) 83 ALR 299
Trade practices economics; mergers

1987

Ski boots

Mark Lyons Pty Ltd v Bursill Sportsgear Pty Ltd (1987) 74 ALR 581
Exclusive dealing, market definition

Williams and Vajili Pty Ltd v Papersave Pty Ltd [1987] FCA 351 (Full Federal Court)
Appeal dismissed
"Here we simply have a corporation which handled 60 per cent of the collection and treatment of waste computer paper, seeking to take a lease with no added special features, except a knowledge that a potential competitor also wanted the lease." (para 24)

Appeal from: Williams & Anor v Papersave Pty Ltd (1987) ATPR 40-818; [1987] FCA 162 (Sheppard J)
Substantial market power and prohibited purpose existed, but not the taking advantage element; taking advantage of information, not taking advantage of market power

1986

	BP Australia Ltd v TPC (1986) 12 FCR 118 Resale price maintenance

	Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd [1986] HCA 72; (1986) 162 CLR 395 (2 December 1986) Exclusive dealing (third line forcing)

	The Heating Centre Pty Ltd v TPC (1986) 9 FCR 153 Resale price maintenance

	Hughes v Western Australian Cricket Association (Inc) (1986) 19 FCR 10 Exclusionary provisions - definition of corporation

	TPC v David Jones (Australia) Pty Ltd (1986) 13 FCR 446 Anti-competitive agreements; Price Fixing

	Warman International & Ors v Envirotech Australia Pty Ltd & Ors (1986) ATPR 40-714 (Wilcox J) Enforcing copyright not taking advantage of market power - taking advantage of legal right

1985

	TPC v Parkfield Operations Pty Ltd (1985) 5 FCR 140 Contract, arrangement or understanding - mutuality

	TPC v TNT Management Pty Ltd (1985) 6 FCR 1 Agreement or understanding - exclusionary provision - SLC - economic evidence

1984

	TPC v Mobil Oil Australia Ltd (1984) 3 FCR 168 Resale price maintenance

	TPC v Orlane Australia Pty Limited [1984] 1 FCR 157; FCA 5; 51 ALR 767 Resale price maintenance

1983

Windscreen

O'Brien Glass Industries Ltd v Cool & Sons Pty Ltd (1983) 77 FLR 441
Market definition; exclusive dealing

Radio

Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd (1983) 68 FLR 70
[Full Federal Court]
Meaning of 'substantial'

Appeal From: Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd (1982) 62 FLR 437 [Federal Court (Lockhart J)]
Meaning of 'substantial'

1982

	Dandy Power Equipment Pty Ltd v Mercury Marine Pty Ltd (1982) ATPR 40–315 Substantial lessening of competition

	Outboard Marine Pty Ltd v Hecar Investments (No 6) Pty Ltd (1982) ATPR 40–327 Exclusive dealing

	Re: Peter Williamson Pty Ltd v Capitol Motors Ltd [1982] FCA 79 Resale price maintenance - refusal to supply - recommended price

	Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd (1982) 62 FLR 437 [Federal Court (Lockhart J)] Meaning of 'substantial' Appeal to: Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd (1983) 68 FLR 70 [Full Federal Court] Meaning of 'substantial'

1981

Flour

TPC v Allied Mills Industries Pty Ltd [1981] FCA 142; (1981) 60 FLR 38
Agreed penalties

1980

	Morphett Arms Hotel Pty Ltd v Trade Practices Commission (1980) 30 ALR 88 This is the appeal from TPC v Nicholas Enterprises

	Ron Hodgson (Holding) Pty Ltd v Westco Motors (Distributors) Pty Ltd (1980) 29 ALR 307; [1980] FCA 3 Resale price maintenance (withholding supply)

	SWB Family Credit Union Ltd v Parramatta Tourist Services Pty Ltd [1980] FCA 125; (1980) 48 FLR 445 Exclusive dealing (third line forcing)

	TPC v Email Ltd (1980) ATPR 40–172 Anti-competitive agreements; exchange of price lists, circumstantial evidence

1979

	Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 27 ALR 367 Secondary boycott - purpose - meaning of 'substantial'

	In Re Tooth and Co Limited; In Re Tooheys Limited (1979) ATPR 40–113 (Tribunal) Market definition

	TPC v Nicholas Enterprises (1979) 40 FLR 83 Contract, arrangement or understanding

1978

	Re Ku-ring-gai Co-operative Building Society (No. 12) Ltd [1978] FCA 50; (1978) 36 FLR 134 Exclusive dealing (third line forcing)

	L Grollo & Co Pty Ltd v Nu-Statt Decorating Pty Ltd (1978) 34 FLR 81 Meaning of understanding

	TPC v Ansett Transport Industries (Operations) Pty Limited [1978] FCA 21; (1978) 32 FLR 305 Mergers - dominance test

	Trade Practices Commission v Legion Cabs (Trading) Co-operative Society Ltd. [1978] FCA 47; (1978) 35 FLR 372 Exclusive dealing (third line forcing)

	Victorian Egg Marketing Board v Parkwood Eggs Pty Ltd (1978) 33 FLR 294; 20 ALR 129; [1978] ATPR 40-081

1976

Bread

Re Queensland Co-Op Milling Association Limited and Defiance Holdings Limited (QCMA) (1976) 8 ALR 481
Mergers; Trade Practices Economics

1975

Nissan car

Top Performance Motors Pty Ltd v Ira Berk (Qld) Pty Ltd (1975) 5 ALR 465
Market definition

Pre - Trade Practices Act 1974 / Competition and Consumer Act 2010

1972

	Re Books [1972] 20 FLR 256 Resale Price Maintenance - Trade Practices Tribunal - Application for exemption from Restrictive Trade Practices Act 1971

	Mikasa (NSW) Pty Ltd v Festival Stores [1972] HCA 69; (1972) 127 CLR 617 Resale price maintenance - recommended prices

1971

iPhone

Buckley v Tutty (1971) 125 CLR 353
Restraint of trade

1963

Re British Basic Slag Ltd’s Agreements [1963] 2 All ER 807 [English]
Agreement

1950

Car repair

Lindner v Murdock's Garage (1950) 83 CLR 628
Restraint of trade

1913

Attorney-General v The Adelaide Steamship Co Ltd (1913) 18 CLR 30
Australian Industries Preservation Act 1906 - Price fixing and market allocation - injury to the public

1911

Collieries

R v Associated Northern Collieries (1911) 14 CLR 387
On the issue of establishing collusion

1894

Nordenfelt gun

Nordenfelt v The Maxim Nordenfelt Guns & Ammunition Co Ltd [1894] AC 535 [English]
Restraint of trade

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