Visy Paper Pty Limited v Australian Competition and Consumer Commission

Trade practices – Restrictive trade practices – Exclusionary provisions – Exclusive dealing – Arrangements for waste paper collection – Where non-competition provisions have dual and composite character – Non-competition provisions preventing both the acquisition of goods from, and the supply of services to, particular persons – Both aspects of the non-competition provisions contravened s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) and one of those aspects would, but for s 47(10), have contravened s 47 – Whether s 45(6) precluded the application of s 45(2)(a)(i) to both aspects of the non-competition provisions or only that aspect covered by s 47.

Words and phrases – "provision", "by reason that", "give effect to", "condition".

Trade Practices Act 1974 (Cth) – ss 4(1), 4D, 45(2)(a)(i), 45(6), 47.