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ARTICLE · 18 JUNE 2008

Exclusive Dealing Under The Trade Practices Act – Ebay´s Application For Immunity Rejected By The ACCC

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In a timely reminder that the grant of immunity for exclusive dealing conduct which would otherwise be a breach of the Trade Practices Act is not necessarily a foregone conclusion, the Australian Competition and Consumer Commission recently issued a draft determination rejecting eBay's application for immunity.

GlobalAntitrust/Competition Law
Kathryn Edghill
Kathryn Edghill

In a timely reminder that the grant of immunity for exclusive dealing conduct which would otherwise be a breach of the Trade Practices Act is not necessarily a foregone conclusion, the Australian Competition and Consumer Commission (ACCC) recently issued a draft determination rejecting eBay's application for immunity in respect of its proposed requirement that users of its on-line marketing facility make and receive payments through accounts held with its related company, PayPal.

Background

eBay operates a website in Australia through which the sale and purchase of goods can be transacted by members of the public. It currently allows sellers to nominate a number of payment options on the site. PayPal operates a secure on-line payment service by which members conduct financial transactions with one another over the internet without the need to provide the other party with specific financial

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