2004 Decisions

1. Seven Network Limited [2004] ACompT 10
   No 10 of 2003; No 11 of 2003

   PRACTICE AND PROCEDURE - trade practices - telecommunications access regime - review under s 152AV of the Trade Practices Act 1974 (Cth) ("the Act") - decision of Australian Competition and Consumer Commission to grant an anticipatory exemption order under s 152ATA of the Act - nature of the "review" to be conducted.

   23 Dec 2004 GOLDBERG J (PRESIDENT)

2. Seven Network Limited (No 4) [2004] ACompT 11
   No. 10 of 2003; No. 11 of 2003

   TRADE PRACTICES - telecommunications access regime - digital subscription television services - review of anticipatory exemption orders - exemptions from standard access provisions granted to carrier and carriage service provider by ACCC pursuant to s 152ATA of the Trade Practices Act 1974 (Cth) - undertakings pursuant to s 87B of the Act - terms…

   23 Dec 2004 JUSTICE GOLDBERG (PRESIDENT), MR G F LATTA AND MR R F SHOGREN

3. Application by East Australian Pipeline Limited [2004] ACompT 8
   No 8 of 2003

   TRADE PRACTICES – access to gas pipelines – review of decision of Australian Competition and Consumer Commission as to draft access arrangement – Moomba to Sydney Pipeline System – calculation of reference tariff – whether decision incorrect or unreasonable – calculation of initial capital base (ICB) – calculation of optimised replacement cost…

   8 Jul 2004 GYLES J (DEPUTY PRESIDENT), MR RC DAVEY, MISS MM STARRS

4. Re EFTPOS Interchange Fees Agreement [2004] ACompT 7
   NOs 0007 and 0009 of 2003

   TRADE PRACTICES - exclusionary provisions and price fixing - proposed agreement to set EFTPOS interchange fees at zero - whether proposed agreement should be authorised under s 88 (1) of the Trade Practices Act - whether public benefits arising from proposed agreement outweigh public detriments - whether use of debit cards will increase as a…

   25 May 2004 JUSTICE HEEREY (DEPUTY PRESIDENT); MR ROBIN DAVEY; MISS M M STARRS

5. Seven Network Limited (No 2) [2004] ACompT 6
   No. 0010 of 2003; No. 0011 of 2003

   PRACTICE AND PROCEDURE - application for disqualification of Tribunal member - apprehended bias - whether prejudgment of issues - former member of Australian Competition and Consumer Commission - presided in analogue pay TV arbitrations - proceedings seeking review of decisions relating to digital pay TV services.

   15 Apr 2004 MR R F SHOGREN

6. Seven Network Limited (No 1) [2004] ACompT 5
   No. 0010 of 2003; No. 0011 of 2003

   PRACTICE AND PROCEDURE - application for disqualification of Tribunal member - apprehended bias - whether Tribunal member should decide application - whether matter for whole Tribunal - principles of reasonable apprehension of bias.

   15 Apr 2004 GOLDBERG J

7. Australian Association of Pathology Practices Incorporated [2004] ACompT 4
   No. 0002 of 2003; No. 0003 of 2003

   TRADE PRACTICES - exclusive dealing - conduct whereby private in-patients in NSW public hospitals restricted to receiving pathology services from public pathology providers - whether conduct should be authorised pursuant to s 90 of the Trade Practices Act 1974 (Cth) ('TPA') - whether conduct third line forcing - whether the tests in s 90(6) and s…

   7 Apr 2004 HELY J (DEPUTY PRESIDENT), MR G F LATTA AND DR J E WALKER

8. Qantas Airways Limited [2004] ACompT 3
   No. 5 of 2003

   PRACTICE AND PROCEDURE - proper place to hear application for review of Australian Competition and Consumer Commission determination - where application filed in Sydney - most parties and legal representatives in Sydney - most lay witnesses in Sydney.

   5 Apr 2004 GOLDBERG J (PRESIDENT), MR G F LATTA AND PROFESSOR D K ROUND

9. Application By Orica Ic Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 2
   No. 6 of 2003

   4 Mar 2004 GYLES J (DEPUTY PRESIDENT), MR RC DAVEY AND MISS MM STARRS

10. Application By Orica IC Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 1
    No. 0006 of 2003

    12 Feb 2004 GYLES J (DEPUTY PRESIDENT), MR RC DAVEY AND MS MM STARRS