Posted: May 13th, 2015

Restrictive Trade Practices

Required:
You need to advise the ACCC if any of the following parties are in breach of the Act or if they are not, why not. Only deal with the breaches/potential breaches of the parties listed.
• Scenario 1: UHS
• Scenario 2: WSA
• Scenario 3: UHS, AHS and LFS
• Scenario 4: AHS
• Scenario 5: IT
• Scenario 6: FA

Further Information
• You can assume the current date is late May, 2015. It can be assumed that all parties are bound by the Act.

• If any party is engaged in conduct prohibited under Div 1 of Part IV of then Act, then do not pursue any other possible breaches under Div 2 of Part IV.

• The ACCC is particularly concerned with Agreement B regarding government tenders. They are keen to get your advice on the possibility of criminal as well as civil sanction for the conduct. You can presume that the conduct in Agreement B would not substantially lessen competition.

• The CEO of UHS was shocked when he heard from a friend at the ACCC that he was being investigated for possible anti-competitive behaviour regarding Agreement B. He had never even heard of the Competiton and Consumer Act 2010 (Cth).

• The ACCC admits it will not be able to prove Agreement A has the purpose or likely effect of substantially lessening competition.

• The ACCC admits it will not be able to prove the conduct of WSA has the purpose or likely effect of substantially lessening competition.
• The ACCC is confident it can prove Agreement C has the purpose or likely effect of substantially lessening competition.

• The ACCC admits it will not be able to prove the conduct in scenario 5, has the purpose or likely effect of substantially lessening competition.

• Assume TNT currently has no substantial market power in any market in Australia.

– Refer specifically to ALL relevant sections of the Competition and Consumer Act 2010 (Qld) as well as to relevant case law.