Pont Data Australia Pty Ltd v ASX Operation Pty Ltd

Pont Data Australia Pty Ltd initiated legal proceedings against ASX Operations Pty Ltd and Australian Stock Exchange Limited in the Federal Court of Australia, alleging contravention of sections 45, 46, 49, and 52 of the Trade Practices Act. The dispute centred on the supply of 'Signal C', a real-time information service provided by ASX Operations. The Court was required to determine whether the agreements governing the supply of Signal C contravened the Trade Practices Act, particularly in relation to anti-competitive conduct and unfair pricing practices.

The Court examined the evidence presented, including a report by a chartered accountant, which was deemed inadmissible as it contradicted the evidence given at the trial and fell outside the scope of the leave reserved for the respondents. The Court rejected the report and concluded that the respondents failed to demonstrate the additional costs incurred in supplying Signal C. Consequently, the Court proposed to make final orders but reserved the option for the respondents to apply for a variation if they could provide evidence of additional costs.

The final orders declared that the respondents had engaged in conduct in contravention of sections 45, 46, and 49 of the Trade Practices Act and attempted to induce the applicant to engage in conduct in contravention of section 52. The agreements governing the supply of Signal C were varied, and certain provisions were declared void. The respondents were restrained from offering Signal C under specified conditions. The Court ordered the respondents to pay the applicant's costs and granted leave for an appeal. The agreement between the parties was also varied to include a nominal annual fee of $100 for the supply of Signal C, with provisions for potential variation based on future evidence of additional costs.