Trade Practices Essay

Published: 2020-01-22 11:42:13
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Category: Trade

Type of paper: Essay

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On the material date of 19th December 1997, the Australian Rugby League (ARL) disclosed its intention to enter into partnership with News Ltd to run rugby league that unites their respective leagues on condition that the conglomeration of teams under the ARL news would be reduced to fourteen teams.

As a result, souths, which was excluded from participating in the National Rugby league in the year 2000 brought a claim on grounds that the action taken by ARL, News, NRLI and NRL was unlawful as it contravened the provisions of section 45 as read with section 52 of the Trade Practices Act (1974).These provision stipulate the general rules. In section 52 corporations are not entitled in the course of transacting in trade to engage in conduct that is misleading or deceptive.  In echoing this principle, section 45 prohibits the making of contract arrangements that are discriminatory on the basis that they exclude certain persons or corporations.

Issues in Question




Tests used to resolve the case

Holding: Partners who are competitors and enter into a contract that intends to provide less services or goods would have contravened section 45 at the time the exclusion is made

Reference

South Sydney District, Rugby Football Club Ltd V. News Ltd (2002) Appeal Case

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