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ACCC V Cabcharge Australia Ltd
''ACCC v Cabcharge Australia Ltd'' is a 2010 decision of the Federal Court of Australia brought by the Australian Competition & Consumer Commission (ACCC) against Cabcharge.; . In June 2009, the ACCC began proceedings in the Federal Court against Cabcharge alleging that it had breached section 46 of the Commonwealth Trade Practices Act (TPA) by misusing its market power and entering into an agreement to substantially lessen competition. The action alleged predatory pricing by Cabcharge and centred on Cabcharge's conduct in refusing to deal with competing suppliers to allow Cabcharge payments to be processed through EFTPOS terminals provided by rival companies and supplying taxi meters and fare updates at below actual cost or at no cost. In September 2010, to settle the action, Cabcharge admitted a number of contraventions of TPA and the Federal Court imposed a fine of $15 million ($14 million in civil penalties and $1 million in costs), the highest ever penalty imposed for misu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Raymond Finkelstein
Raymond Antony Finkelstein (born 16 July 1946) is an Australian lawyer and judge. From 1997 until 2011, he served as a judge of the Federal Court of Australia. His judgments were highly influential in commercial law, giving rise to new approaches in insolvency, competition law and class actions. Early life and education Finkelstein was born in Munich, Germany in July 1946. His father, Wolf Finkelstein, grew up in Poland, near the border with Ukraine. The Second World War led Wolf Finkelstein to Germany, where he met fellow Pole Lisa Altstock. In 1951, as stateless Jews, the family came to Melbourne by boat. Finkelstein's secondary education was at Elwood High School, where he was reportedly a rebellious and disobedient student. In 1965, he was accepted to study at Monash University, where he obtained a Bachelor of Jurisprudence and a Bachelor of Laws. Finkelstein was a teaching fellow at Monash University Law School from 1974 to 1975. Career In 1975 Finkelstein began pra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Competition & Consumer Commission
The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the '' Trade Practices Act 1974'', which was renamed the ''Competition and Consumer Act 2010'' on 1 January 2011. The ACCC's mandate is to protect consumer rights and business rights and obligations, to perform industry regulation and price monitoring, and to prevent illegal anti-competitive behaviour. Historical origins The ACCC's deeper origins are found in the Restrictive Trade Practices Act of Sir Garfield Barwick, Attorney-General in the Liberal Government of Sir Robert Menzies in 1965. Opponents derided Barwick's Trade Practices Act 1965 as "ineffectual". (The Act) did not declare any practices illegal ipso facto, but only did so after detailed investigatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A2B Australia
A2B Australia (formerly Cabcharge Australia) () is an Australian public company which was listed on the Australian Securities Exchange in December 1999 and is an ASX 200 company. The company was founded by Reg Kermode. In 1976, the company established Cabcharge, an account payment system to provide a way to pay for taxi fares by non-cash means, which today is the sole provider of the in-taxi service. Subsidiaries of A2B operate booking and dispatch services for taxis in Australia under the Taxi Networks and 13CABS brands, which today covers over 7,000 taxis. In 2014, there were 21,344 taxis in Australia. The company's activities have sometimes been controversial and it has faced strong criticism at times from inquiries and regulatory bodies, especially over its Cabcharge taxi payment system. The company was the subject of Federal Court proceedings in 2010 over alleged anti-competitive practices including predatory pricing activities. It was heavily fined and paid a record hig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Practices Act
The ''Competition and Consumer Act 2010'' (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the ''Trade Practices Act 1974'' (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act. Application of Act The Competition and Consumer Act (CCA) is an act of the Parliament of Australia and so its application is limited by section 51 of the Australian Constitution, which sets out the division of powers between the federal and state parliaments. As a result, most of the CCA is drafted to apply only to corporati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Predatory Pricing
Predatory pricing is a Pricing strategies, pricing strategy, using the method of undercutting on a larger scale, where a Article 102 of the Treaty on the Functioning of the European Union#Dominance, dominant firm in an industry will deliberately reduce the prices of a product or service to loss-making levels in the short-term. The aim is that Article 102 of the Treaty on the Functioning of the European Union#Actual Competitors, existing or Article 102 of the Treaty on the Functioning of the European Union#Potential Competitors, potential competitors within the Industry (economics), industry will be forced to leave the market, as they are unable to effectively compete with the dominant firm without making a loss. Once competition has been eliminated, the dominant firm now having a majority share of the Market (economics), market can raise its prices to monopoly levels in the long-term to Recoupment, recoup its losses. The difference between predatory pricing and competitive pricing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Refusal To Deal
Though in general, each business may decide with whom they wish to transact, there are some situations when a refusal to deal may be considered an unlawful anti-competitive practice, if it prevents or reduces competition in a market. The unlawful behaviour may involve two or more companies refusing to use, buy from or otherwise deal with a person or business, such as a competitor, for the purpose of inflicting some economic loss on the target or otherwise force them out of the market. A refusal to deal (also known as a group boycott) is forbidden in some countries which have restricted market economies, though the actual acts or situations which may constitute such unacceptable behaviour may vary significantly between jurisdictions. Definitions Australian Competition & Consumer Commission defines the refusal to deal as: The Indian Competition Act 2002 defines the refusal to deal as: See also * ''ACCC v Cabcharge Australia Ltd'' * Commercial law * Competition law * Essential ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EFTPOS
Electronic funds transfer at point of sale (EFTPOS; ) is an electronic payment system involving electronic funds transfers based on the use of payment cards, such as debit or credit cards, at payment terminals located at points of sale. EFTPOS technology was developed during the 1980s. In Australia and New Zealand, it is also the brand name of a specific system used for such payments; these systems are mainly country-specific and do not interconnect. In Singapore, it is known as NETS. Debit and credit cards are embossed plastic cards complying with ISO/IEC 7810 ID-1 standard. The cards have an embossed bank card number conforming with the ISO/IEC 7812 numbering standard. History EFTPOS technology originated in the United States in 1981 and was rolled out in 1982. Initially, a number of nationwide systems were set up, such as ''Interlink'', which were limited to participating correspondent banking relationships, not being linked to each other. Consumers and merchants were s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anti-competitive
Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws differ among state and federal laws to ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service. Anti-competitive behaviour is used by business and governments to lessen competition within the markets so that monopolies and dominant firms can generate superno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Penalty
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry jail time or other legal penalties. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary. Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goods And Services Tax (Australia)
Goods and Services Tax (GST) in Australia is a value added tax of 10% on most goods and services sales, with some exemptions (such as for certain food, healthcare and housing items) and concessions (including qualifying long term accommodation which is taxed at an effective rate of 5.5%). GST is levied on most transactions in the production process, but is in many cases refunded to all parties in the chain of production other than the final consumer. The tax was introduced by the Howard government and commenced on 1 July 2000, replacing the previous federal wholesale sales tax system and designed to phase out a number of various State and Territory Government taxes, duties and levies such as banking taxes and stamp duty. An increase of GST to 15% has been put forward, but is generally lacking in bipartisan support. Introduction of GST Les Bury, federal treasurer in the Gorton government from 1969 to 1971, was an early supporter of a broad-based national consumption tax, bel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
