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Old 4 Mar 2012, 05:44 (Ref:3034788)   #32
Mixer
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Surry Hills, NSW
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Mixer should be qualifying in the top 3 on the gridMixer should be qualifying in the top 3 on the gridMixer should be qualifying in the top 3 on the gridMixer should be qualifying in the top 3 on the grid
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Originally Posted by Driver TBA View Post
From my limited retail knowledge, as far as I'm aware a company is well within its rights if they feel a retailer is damaging their brand through loss leading.
From the Competition and Consumer Act 2010:

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Part IV: Restrictive Trade Practices
The restrictive trade practices, or antitrust, provisions in the Trade Practices Act are aimed at deterring practices by firms which are anti-competitive in that they restrict free competition. This part of the act is enforced by the Australian Competition and Consumer Commission (ACCC). The ACCC can litigate in the Federal Court of Australia, and seek pecuniary penalties of up to $10 million from corporations and $500,000 from individuals. Private actions for compensation may also be available.
These provisions prohibit:
Most Price Agreements (see Cartel and Price-Fixing)
Primary boycotts (an agreement between parties to exclude another)
Secondary boycotts whose purpose is to cause substantial lessen competition (Actions between two persons engaging in conduct hindering 3rd person from supplying or acquiring goods or services from 4th)
Misuse of market power – taking advantage of substantial market power in a particular market, for one or more proscribed purposes; namely, to eliminate or damage an actual or potential competitor, to prevent a person from entering a market, or to deter or prevent a person from engaging in competitive conduct.
Exclusive dealing – an attempt to interfere with freedom of buyers to buy from other suppliers, such as agreeing to supply a product only if a retailer does not stock a competitor’s product. Most forms of exclusive dealing are only prohibited if they have the purpose or likely effect of substantially lessening competition in a market.
Third-line forcing: A type of exclusive dealing, third-line forcing involves the supply of goods or services on the condition that the acquirer also acquires goods or services from a third party. Third-line forcing is prohibited per se.
Resale price maintenance – fixing a price below which resellers cannot sell or advertise
Mergers and acquisitions that would result in a substantial lessening of competition
A priority of ACCC enforcement action in recent years has been cartels. The ACCC has in place an immunity policy, which grants immunity from prosecution to the first party in a cartel to provide information to the ACCC allowing it to prosecute. This policy recognizes the difficulty in gaining information/evidence about price-fixing behaviours.
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