What can trade associations and their officials do and say under competition law? - some recent Australian and American enlightenment

Article Abstract:

Trade associations and their officials are constrained under the Australian Trade Practices Act from engaging in such anti-competitive activities as price fixing. Recent American and Australian cases have tested the extent of this and comparable laws, and they have been shown to allow a wider range of communication among association officials than many have thought. Though these cases show that the concept of an understanding or arrangement in relation to price fixing is broad, they also show that an anti-competitive conspiracy must be proven to establish price fixing.

Interpretation and construction, Laws, regulations and rules, Corporation law, Trade and professional associations, Professional associations, Trade associations, Price fixing

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Installed base opportunism: market power in after-markets

Article Abstract:

The Australian High Court ruled that the after-market for Subaru parts in Regents Pty v. Subaru (Australia) Pty did not constitute the same market power control as in the US case of Eastman Kodak Co v. Image Technical Services. In Kodak, the US Supreme Court ruled Kodak had market control regarding their parts because they did not provide customers with necessary information at the time of purchase. In Regents, Subaru provided information and customers were not prevented from obtaining parts.

United States, Australia, Competition (Economics)

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Singapore Airlines did not misuse its market power in changing arrangements with a tour wholesaler: it all depends upon the definition of "the market."

Article Abstract:

The Australian Federal Court, in Singapore Airlines v Taprobane Tours Pty, found that the airline did not violate the Trade Practices Act by cutting services and raising prices to a tour wholesaler. Taprobane charged abuse of market power and won in a lower court, but the full federal court cleared the airline, relying on a definition of the market which did not indicate abuse of power. The question of agency arrangements was not addressed and should be in the future.

Airlines

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