What is the administrative machinery behind the competition law in Australia? What is the competition test? What
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Question:
- What is the administrative machinery behind the competition law in Australia?
- What is the competition test?
- What is a cartel provision?
- What is a boycott?
- What is the difference between price fixing and resale price maintenance?
- What is an authorization?
- Is a breach of the competition laws a criminal offence?
- What are the pecuniary penalties imposed for a breach of the competition laws?
- Legal Hypotheticals:
- Johnny buys the organic falafel used in his restaurant from Idoru Ltd. When Johnny complains to Idoru about a recent price increase, Idoru offers Johnny a special deal: Johnny will only have to pay $6 per kilo for organic falafel for the next 12 months, but he must commit to buying all of his organic fruit from Burning Chrome Farms. Idoru does not receive any commission from the Burning Chrome sales, and Johnny is the only restaurant owner to be given such an arrangement.
- Is this arrangement prohibited by Part IV of the CCA?
- Would your answer be different if the arrangement was that Johnny would buy all of his organic fruit from Idoru?
- If either arrangement is prohibited, could authorisation be sought from the ACCC? How?
- Before deciding whether or not to commit to the arrangement described in the previous question, Johnny decides to explore his options and discovers that a small Northern Territory supplier of organic falafel, Monalisa Overdrive, is keen to enter the Queensland market. Monalisa Overdrive offers to sell falafel to Johnny for only $5.50 per kilo. When Idoru learns of Monalisa Overdrive's plans, Idoru announces that it will be selling falafel in Queensland and in the Northern Territory for only $3.00 per kilo. Monalisa Overdrive Pty Ltd, being only a small operation, cannot compete with the lower price. Is Idoru in breach of Part IV of the CCA?
- At the meeting of the Kerouac Street restaurant owners, the owners agree in principle that Wednesday night will be a 'discount night' in the street, and no owner will be permitted to have a discount night or half-price night on any other night of the week. The owners do not put the agreement in writing. Is the arrangement between the restaurant owners prohibited by Part IV of the CCA?
- Johnny is concerned that if he does not participate in the new arrangement between the Kerouac Street restaurant owners, the other owners will work together to make life difficult for him. In particular, he is concerned that the other owners will put pressure on Idoru not to deal with him. If the other owners did apply such pressure, would it be a breach of Part IV of the CCA?
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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