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4 Found helpful • 6 Pages • Topic Notes • Year: Pre-2021
The tests 1. Competition test --- Does the conduct have the purpose, effect or likely effect of substantially lessening competition in a market? 1) Anti-competitive agreements --- A corporation shall not make a contract or arrangement or arrive at an understanding if a provision in it has the purpose or would have or be likely to have the effect of substantially lessening competition. Seven Network Limited v News Limited P failed because it did not prove that D had the aim of substantially lessening competition. Also, it did not prove that the D crossed the line that separates legitimate competitive conduct from anti-competitive behaviour. ACCC v Visy Industries Holdings Pty Ltd The court held the cardboard box cartel as extremely destructive of competition and noted that it was carefully and deliberately concealed by people who were fully aware of its unlawfulness.
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