R v Associated Northern Collieries
(1911) 14 CLR 387
Note: this pre-dates the Trade Practices Act
Decision made pursuant to Australian Industries Preservation Act 1906-9
On the issue of establishing collusion Isaacs J stated:
‘Community of purpose may be proved by independent facts, but it need not be. If the other defendant is shown to be committing other acts, tending to the same end, then though primarily each set of acts is attributable to the person whose acts they are, and to him alone, there may be such a concurrence of time, character, direction and result as naturally to lead to the inference that these separate acts were the outcome of pre-concert, or some mutual contemporaneous engagement, or that they were themselves the manifestations of mutual consent to carry out a common purpose, thus forming as well as evidencing a combination to effect the one object towards which the separate acts are found to converge.’
This passage was quoted with approval by the Court in David Jones.
Martin P Shanahan and David K Round, 'Serious cartel conduct, criminalization and evidentiary standards: Lessons from the Coal Vend Case of 1911 in Australia' (Centre for Regulation and Market Analysis, School of Commerce, University of New South Wales)