BUS101 : Australian Competition and Consumer Commission- Business Law Assignment

Internal Code : MAS4571

Business Law Assignment

The case for study is AUSTRALIAN COMPETITION AND CONSUMER COMMISSION The sequence of court hearings

•  The Australian Competition and Consumer Commission (ACCC) brought proceedings against internet provider TPG because of an advertising campaign TPG had been conducting for internet services.
•  Initially, the proceedings were heard by a single judge, who is referred to in the High Court judgment as the “primary judge". ACCC was largely successful against TPG in those proceedings.
• TPG, having lost the case before the primary judge, appealed to three judges, referred to in the judgment as the “Full Court. That court largely disagreed with the conclusions of the primary judge and set aside his decision. In effect, TPG won its appeal to the Full Court.
•  This left ACCC as the loser. It appealed to the High Court, which disagreed with the conclusions of the Full Court in favour of TPG and essentially reinstated the decision made by the primary charge in favour of ACCC. The judgment you are reading, and to which the assignment questions relate, is the judgment of the High Court only. However, to enable the ratio of its decision to be understood, the High Court includes in its judgment summaries of the reasons which the primary judge and the Full Court gave in coming to their respective (and contradictory) decisions.

Question: You will be required to answer are designed to enable you to express your own understanding of what the three courts separately determined. However, this is not a cut and paste exercise. It is not possible to answer the questions simply by locating the relevant paragraphs in the judgment and copying them into your answer. Doing so will result in a high similarity index in Turnitin and a low mark for the group. One group in a previous trimester resorted to the cut and paste technique and was awarded 2/20; as a result, all but one member of the group failed BUS101.

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