On 30 June 2006, after a lengthy trial, Justice Allsop found that the four agreements entered into by Woolworths with liquor licence applicants contravened section 45 of the Act.
In his judgment, Justice Allsop found that Woolworths had entered each of the agreements with the substantial purpose of substantially lessening competition in local packaged takeaway liquor markets in Campbelltown, Tweed Heads and Arncliffe.
These agreements related to the following small businesses:
Ettamogah Bar & Restaurant, Campbelltown.
Dry Dock Bottleshop, Tweed Heads.
Global Beer Importers, Tweed Heads, and
Jin Ro Australia, Arncliffe.
Justice Allsop also found that the Ettamogah and Global Beer agreements contravened the Act on the additional basis that each contained an exclusionary provision which had the purpose of preventing the small business applicants from supplying packaged takeaway liquor to Woolworths' actual and potential customers.
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Australian Competition and Consumer Commission
marketing@alchempro.com
