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ACCC v Mobil Oil Australia Ltd

(1997) ATPR 41–568; [1997] FCA 480 (5 June 1997)

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ACCC alleged price fixing; Mobil Oil sought to strike out the application - argument that no adequate particulars of arrangement - application successful - further amended statement of claim struck out and leave to re-plead refused.


Key quotes (Justice Heerey)

'The retail petroleum products market, with its highly visible price boards and mobile customers is one where a trader’s prices and fluctuations thereof are as readily apparent to competitors as they are to customers. Therefore parallel pricing in itself, in this particular market, is as likely to follow from observation and independent decision of rival traders as from prior arrangement.' (page 43,896)


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