Superleague: a victory for competition and free markets

Article Abstract:

The Australian Full Federal Court reversed the lower court's decision in News Ltd. v. Australian Rugby Football League (ARFL) and found that the loyalty and commitment agreements imposed by ARFL were anticompetitive. The case involved a new rugby league attempting to compete with ARFL. The trial court found that the relevant market was all professional spectator sports and found the loyalty agreements procompetitive. The Full Federal Court did not directly address the market definition issue, but it did find ARFL's conduct exclusionary and inconsistent with free competition.

Sports Teams and Clubs, Sports clubs, managers, & promoters, Professional Sports NEC, Barriers to entry (Industrial organization), Barriers to entry, Professional sports, Rugby football clubs, Rugby football teams

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Penalties for price-fixing: a built-in feature of how we do business in Australia?

Article Abstract:

Review of price-fixing cases brought by the Australian Trade Practices Commission suggests that individuals need to be held liable for anticompetitive behavior, either civilly or criminally. The deterrent effect of the penalties under section 76 of the Trade Practices Act 1974 would be increased by imposing penalties on management because penalties imposed on corporations are largely passed on to shareholders. Corporate indemnification of individuals should be restricted and nonpecuniary penalties should be considered.

Investigations, Remedies, Price fixing, Australia. Trade Practices Commission

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When is a railway part of a production process? Hamersley Iron Pty Ltd v National Competition Council

Article Abstract:

Hamersley Iron Pty Ltd v National Competition Council, which found that a railway used for transporting iron ore formed part of a production process and was excluded from the definition of a "service" under Australia's Trade Practices Act, is discussed. The article states that the decision may limit the circumstances in which a person can seek access to "essential facilities."

Australia, Railroad law

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