Competition and Consumer Act 2010 (Cth)

What is an exclusive supply contract?

An exclusive supply contract (Exclusive Supply Contract), also known as Exclusive Dealing, occurs when one party trading with another imposes some form of restriction on the other’s freedom to choose with whom, in what, or where they deal.  Some examples of Exclusive Dealing may include:

  • the supplier being restricted to supplying the goods in a specific geographical area, or through a particular channel; or
  • restricting a purchaser from buying the same or similar goods from other suppliers.

This article outlines what an Exclusive Supply Contract or Exclusive Dealing is and when it may not be legal. [Read more…]

Tortious interference with contract – what must be proven?

Unlawful interference with contractual relations (Interference) is a tort that allows  damages to be claimed against a Defendant who has induced or procured a third party to breach their contractual obligations to the Plaintiff in the proceedings.  In essence, a Defendant’s intention to induce or procure an entity to act or refrain from acting whilst being aware that such an action would result in said entity breach its contractual obligations to the Plaintiff gives rise to the Interference.[1]  This article outlines the elements needed to be proven in order to establish an Interference. [Read more…]

Explaining the Media Bargaining Code

On 18 February 2021, social media company Facebook made the decision to prohibit the publishing and sharing of links (Links) from Australian media companies (News Companies) on the site.  This ban came into effect almost immediately after the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 (Cth) (Media Bargaining Code) passed the House of Representatives.  The ban has roadblocked News Companies from 9 News to the Bureau of Meteorology and even the beloved satirical news provider, The Betoota Advocate.  This article analyses the proposals of the Media Bargaining Code and what the legal effect of non-compliance may be. [Read more…]

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