Case:

The ACCC instituted proceedings in the Federal Court in July 1999 against Rural Press Limited, its subsidiary Bridge Printing Office Pty Ltd, Mr Ian Law, Rural Press' former General Manager of its Regional Publishing Division and Mr Trevor McAuliffe, its South Australian State Manager alleging misuse of market power which resulted in an anti-competitive agreement.

Key Words:

Trade practices, anti-competitive agreements, market power, misuse, media, printing

Reference:

Rural Press Limited v Australian Competition and Consumer Commission; Australian Comp [2003] ATPR 41-965

Industry:

Newspaper Printing or Publishing

Relevant Laws:

Sections 46, 45 - (4D), 45 of the Trade Practices Act 1974

Summary:

The High Court unanimously overturned the decision of the Full Federal Court and found that an arrangement or understanding between Rural Press, Bridge Printing and Waikerie Printing House had a provision the purpose of which was to prevent, restrict or limit the supply of newspaper services by Waikerie Printing to readers and advertisers in the Mannum area of South Australia (an exclusionary provision) in contravention of the TPA.

The High Court affirmed the decision of the Full Court of the Federal Court that the arrangement or understanding had the purpose or effect of substantially lessening competition in the Murray Bridge Market for regional newspapers in contravention of the Act.

The High Court found that Rural Press and Bridge Printing did not breach the misuse of market power provisions of the Act as alleged by the ACCC. This decision also affirmed the decision of the Full Court of the Federal Court.

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