Rural Press Limited v Australian Competition and Consumer Commission

Trade practices – Exclusionary provisions - Arrangement between regional newspaper publishers providing that one would withdraw newspaper services from the prime circulation area of the other - Whether provision had purpose of preventing, restricting or limiting supply of services to, or acquisition of services from, particular persons or classes of persons - Trade Practices Act 1974 (Cth), ss 4D, 45(2)(a)(i), 45(2)(b)(i).

Trade practices – Where regional newspaper publisher threatened to circulate new newspaper in prime circulation area of a second regional newspaper publisher, unless second publisher ceased circulation of its own newspaper in first publisher's prime circulation area - Where second publisher subsequently ceased circulation of newspaper in first publisher's prime circulation area - Whether an "arrangement" - Whether arrangement had purpose or effect of substantially lessening competition - Trade Practices Act 1974 (Cth), ss 45(2)(a)(ii), 45(2)(b)(ii).

Trade practices – Accessorial liability - Whether officers of newspaper publisher were "involved in" publisher's contraventions - Whether officers participated in or assented to contraventions with actual knowledge of essential elements constituting the contraventions - Trade Practices Act 1974 (Cth), ss 75B(1), 76(1), 80(1).

Trade practices – Misuse of market power - Whether publisher took advantage of market power in its prime circulation area in threatening to enter prime circulation area of second publisher - Trade Practices Act 1974 (Cth), s 46(1).

Practice and procedure – Orders - Form of declarations.

Words and phrases – "arrangement", "involved in", "take advantage of", "purpose", "particular persons or classes of persons".

Trade Practices Act 1974 (Cth) – ss 4D, 45(2)(a)(i), 45(2)(a)(ii), 45(2)(b)(i), 45(2)(b)(ii), 46(1), 75B(1), 76(1), 80(1).