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TPC v Service Station Assoc Ltd

(1993) 44 FCR 206



Petrol pumpSydney petrol case

TPC alleged petrol retailers in the Sydney metro area made an arrangement or understanding with each other and the Service Station Association Ltd to fix, control or maintain retail prices of petrol.

Justice Heerey dismissed the claim, finding no agreement as alleged.

An appeal was dismissed



Trade Practices - Whether retailers of petroleum products made an arrangement or arrived at an understanding to fix, control or maintain retail prices of petrol - whether professional association induced or attempted to induce contravention - whether it is necessary for application of s. 45 that each party accepts an obligation qua the other - ss. 45, 45A, 76 Trade Practices Act 1974 (Cth). Petroleum Retail Marketing Sites Act 1990 (Cth)


Trial - Reasons for Judgment (Heerey J)

Application dismissed

Justice Heerey held that the evidence did not justify a finding that there was an arrangement or understanding as alleged.


Appeal - Reasons for Judgment (Lockhart, Spender, Lee JJ)

Appeal dismissed

Details to follow