Competition LawQuestion 1In Sydney, there are two ferry operators, Fast Ferry Pty Ltd and Speedy…

Competition LawQuestion 1In Sydney, there are two ferry operators, Fast Ferry Pty Ltd and Speedy Ferry Pty Ltd. The route between Cremorne Point and Watson Bay is served only by these two ferry operators.In 2010 to 2011, the two ferry operators had exchanged and provided to each other sensitive and confidential information relating to ferry ticket pricing, including quotations to clients. There were instances of emails which were blind copied from one ferry operator to another in relation to confidential price information sent to clients, and instances of price verification between the ferry operators when corporate clients and travel agents asked for quotes for the purchase of ferry tickets.Discuss the possible breach of the Australian Competition and Consumer Act committed by these two ferry operators and their likely penalty.Question 2Due to outbreak of bird flu in Victoria, all poultry egg producers were required to sell their produce to the Victorian Egg Marketing Board (‘Board’)– an agent for the Government of Victoria. The Board then sold the eggs on behalf of the producers. Eastwood Eggs, which based in Sydney, entered the Victorian market in competition with the Egg Marketing Board. In order to compete with the new rivalry, the Egg Marketing Board began marketing eggs at a cheap price. Eastwood could not match this price.Was the action of the Egg Marketing Board anti-competitive?Question 3Due to drought in Queensland, the retail price for fruit and vegetable had surged for more than 70%. In order to alleviate living cost, Queensland government decided to relax import quota for fruit and vegetable from New Zealand. In response, Queensland farmers requested wholesalers and retailers to support local products by signing a ‘Loyalty agreement’, essentially committing themselves to purchase fruit and vegetable grew in Queensland only. John, a wholesaler, is concerned of repercussion if he does not participate in the new agreement.Advise John.Question 42Margie was the product manager for home loans at Newbanking Company. She had an aggressive sales target for her product and was keen to meet, if not exceed, that target. She wanted to offer a 0.5 per cent reduction in home loan interest rates to customers who were building new homes using one of three major builders who were all good customers of Newbanking Company.The marketing idea seemed to be sound to Margie and because of her sales target she pushed ahead with the promotion, planning significant advertising in newspapers and television and radio.The promotion is launched. In her rush she did not go through the usual approval processes until the day before the product was due to launch. No one raised any issues. Should they have?Question 5The Chaser Corporation Pty Ltd is a manufacturer of weight-loss tablets which supplies 85% of health products in New South Wales. It entered into 70 area management agreements NSW-wide which contained provisions ‘strongly recommended’ managers not selling the weight-loss products at a discount. Two managers decided to ignore the recommendation and discounted Chaser’s weight-loss products. Chaser withheld supply of goods ordered by the two retailers.Has Chaser breached the Australian Competition and Consumer Act? If yes, what would be the penalty?

 

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