BUSINESS LAW

30-08-16 cheapnisha 0 comment

BUSINESS LAW

CASE 1: AUSTRALIAN COMPETITION & CONSUMER COMMISSION V LEAFY PETROLEUM PTY LTD [2007] FCA 794

Introduction

The case is presented in concentration with the allegations made for fixing the prices of petrol in the market of Geelong area. It was found that a series of arrangements were adjusted by the competitors in the market and every single provision was aimed giving effect to these kinds of arrangements.  It was said that the retail price of petrol were fixed which were to be given into the effect from the year 1999 to 2000 which was against Trade Practice Act, 1974. Under the trail proceedings of the case it was found that allegations admitted were partial in the matter of natural person respondents. For the concerned matter circumstantial matter was admitted by ACCC by availing the evidence collected with the help of telephonic records for the price of ULP. To establish the case there were certain other evidences that were collected and presented.

Breach

According to Section 45(2) (A) of Trade Practice Act, Term of contract, arrangements and understanding are some of the factors that are used so as to deal with the factors that have taken place. According to the law it is suggested to the corporations not to enter into such kind of arrangements in which the understanding could be reached in respect with the price determination of the commodity in a market (Derham, 2015). It is necessary that both the parties should agree with the arrangements. Until and unless another party do not agree to enter into the arrangements the understanding could not said to be reached. According to Evidence Act under section 59(1) it is necessary that each and every procedure or arrangement should have the evidence of every aspect attached with it. On the other hand according to Section 57(2) of the act same things are not sufficient to address each and every question related to the case. If in the case the evidence provided could ensure that arrangement of participation of the third party is true then it would be considered under a law. According to Section 87 (1) (a) if the statement is made under the common purpose then the statement would be acceptable (Latimer, 2014).

Therefore the acceptance and admissibility of the case could be ensured if all the evidences presented are accordance with the case. There are certain set of public policy reasons required for such type of case. Size of the litigation and the cost of solicitors are two factors that involve full scale long trial in order to ensure the confirmation of admission made by the parties through their conducts. It is necessary that the parties should acknowledge the existence of all the arrangements so as to respect the court and the efforts made by it.

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