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ARTICLE · 31 OCTOBER 2007

The C7 Case - Seven appeals decision of Justice Sackville

Gilbert + Tobin
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Seven has appealed against Sackville J's decision in Seven Network Limited & Anor v News Limited & Ors [2007] FCA 1062 (the C7 Decision). The appeal signals the possibility that the case already described by the judge as "mega-litigation" will continue well into the future.

AustraliaAntitrust/Competition Law

Seven has appealed against Sackville J's decision in Seven Network Limited & Anor v News Limited & Ors [2007] FCA 1062 (the C7 Decision). The appeal signals the possibility that the case already described by the judge as "mega-litigation" will continue well into the future.

In July, Sackville J dismissed all of Seven's claims in the case it brought in connection with the failure of its related business C7, a producer and distributor of sports channels for pay television platforms. Seven had alleged that the Respondents, other participants in the broadcasting industry, engaged in anti-competitive conduct in contravention of the Trade Practices Act.

Seven's key claims in the original proceedings were made pursuant to sections 45 and 46 of the Trade Practices Act. In dealing with Seven's claims, Sackville J addressed a number of issues regarding the application of those sections, clarifying their operation in a number of respects. In particular:

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