In this session I refer to a recent purchase of a book bought at a higher price than that available from a free-rider. We then proceed to a discussion of the pro-and con arguments in relation to vertical restraints and how these are
reflected in the TPA. We see that these arguments are especially finely balanced in relation to the exclusive dealing provisions, although the law relating to third line forcing seems destined to remain somewhat anomalous.

As regards the section 48 per se prohibition of resale price maintenance, this reflects a view that this particular form of vertical restraint is inherently anti-competitive and, were it not illegal, could be used to disguise horizontal price-fixing agreements between cartel members.

We conclude this conversation by applying competition law principles to explain the cost, scarcity and service standards of Melbourne’s taxis and why it sometimes seems to require the powers of a Harry Potter to get one.

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In Fireside Chat No 10 I discuss the relevance to competition law of recent discussions concerning the regulation of Telstra and, more briefly, the preliminary skirmishes of the action brought by Channel 7 in the Federal Court against News, PBL and Telstra et al alleging anti-competitive breaches of the TPA that ensured the demise of C7, the Pay TV Sports broadcaster owned by Channel 7, an action in which damages of some $1 billion are reportedly being sought.

Students who would like to access the text of the Deakin Oration given by Graeme Samuel (Cartels, media and telecommunications - the rapidly changing face of Australian competition regulation or other key speeches given by ACCC personnel on telecommunications are referred to the ACCC website­, and in particular the links under related topics to telecommunications speeches and publications.

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