Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited

The Australian Competition and Consumer Commission (ACCC) brought proceedings against Channel Seven Brisbane Pty Limited (Seven) in the Federal Court of Australia. The dispute concerned Seven's alleged contravention of section 45 of the *Trade Practices Act 1974* (Cth) (now section 47 of the *Competition and Consumer Act 2010* (Cth)) by engaging in conduct that had the purpose or effect of substantially lessening competition in a market. Specifically, the ACCC alleged that Seven had entered into a series of agreements with other television broadcasters that had the effect of preventing or hindering the establishment of a new free-to-air television network in Australia.

The High Court of Australia was required to determine whether Seven's conduct had the purpose or effect of substantially lessening competition in the relevant market, and if so, whether this conduct contravened section 45 of the *Trade Practices Act 1974*. The Court also considered the proper interpretation of "market" for the purposes of competition law and the assessment of "substantial lessening of competition."

The High Court found that Seven's conduct did not have the purpose or effect of substantially lessening competition. The Court reasoned that the agreements in question did not create a barrier to entry for a new competitor that was substantial enough to warrant a finding of contravention. The judges applied the principles of competition law, focusing on the actual or likely impact of the conduct on competition within the defined market. They considered the nature of the agreements, the structure of the television broadcasting industry, and the potential for new entrants to compete effectively.

Ultimately, the High Court dismissed the ACCC's appeal, upholding the decision of the Full Federal Court. The orders reflected the Court's finding that no contravention of section 45 had occurred.